The Court determined that even when a case is remanded only in order for a trier of fact to determine the amount of punitive damages, NRS 42.005(3) requires that same trier of fact to first determine whether such damages are warranted.
Kahn, Gil, "Summary of D.R. Horton v. Betsinger, 130 Nev. Adv. Op. 84" (2014). Nevada Supreme Court Summaries. 828.