No. 25-1397October Term 2025Before Arguments
Naicom Corporation, et al., Petitioners v. Dish Network Corporation, et al.
from the United States Court of Appeals for the First Circuit.
Case status
- Current stage
- Before Arguments
- Latest event
- Accepted by the Court
- Decision timing
- No window until argument is scheduled.
- What it's about
from the United States Court of Appeals for the First Circuit.
Question presented
1. Whether 18 U.S.C. § 1965(b) or § 1965(d) authorizes nationwide service of process and the exercise of personal jurisdiction over out-of-district defendants in a civil action under the Racketeer Influenced and Corrupt Organizations Act. 2. Whether absolute prosecutorial immunity bars civil damages claims against federal prosecutors for investigative and administrative conduct that is not intimately associated with the judicial phase of the criminal process. 3. Whether the law-enforcement safe harbors in the Computer Fraud and Abuse Act, 18 U.S.C. § 1030(f); the Stored Communications Act, 18 U.S.C. § 2707(e); the Digital Millennium Copyright Act, 17 U.S.C. § 1201(e); and the Defend Trade Secrets Act, 18 U.S.C. § 1833(a)(1), reach a warrantless re-entry into a private digital facility conducted after the authorizing warrant has been fully executed and returned. 4. Whether the courts below misapplied Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal by treating a defendant's asserted lawful-investigation explanation as an "obvious alternative explanation" that defeats plausibility at the pleading stage, and by requiring a civil RICO plaintiff to plead the defendants' motive to conspire. 5. Whether a court of appeals' unexplained, one-sentence summary affirmance dismissing multiple interlocking federal statutory and constitutional claims warrants this Court's review.
- Case path
United States Court of Appeals for the First Circuit / Accepted by the Court
- Area
Supreme Court case awaiting argument
Timing
Expected by late June 2026, if argued this term
The Court granted review but has not yet scheduled oral argument. Once argued, the median case reaches a decision in 94 days. Nearly all cases are decided by the end of the term in which they are argued.
Briefing
What it's about
Naicom has asked the Supreme Court to review a First Circuit case raising several questions about civil RICO (the federal racketeering law), prosecutor immunity, digital-search safe harbors, and early dismissal rules. The petition also asks whether an unexplained one-sentence affirmance by a court of appeals deserves Supreme Court review.
Argument
The case is still at the petition stage. The Court has not scheduled oral argument, and no substantive justice or advocate reactions are available yet.
Impact
The case could affect how easily plaintiffs can sue out-of-state defendants in federal racketeering cases and when federal prosecutors may face damages claims for non-court conduct. It also could shape rules for digital searches and for dismissing complex cases at the start, affecting companies and people who say their private digital systems were accessed without proper authority.
What is Naicom Corporation v. Dish Network Corporation about?
The petition asks whether federal courts can reach out-of-state defendants in civil RICO cases and dismiss such claims at the pleading stage. It also raises prosecutor immunity and whether several cyber-law safe harbors cover a warrantless digital re-entry after a warrant was returned.
Who could be affected if the Court takes this case?
Businesses and individuals bringing federal racketeering or digital-intrusion claims could be affected, especially when defendants or evidence are spread across states. Federal prosecutors and companies accused of unauthorized digital access also have a stake in how immunity and safe-harbor rules are read.
What happens next in Naicom Corporation v. Dish Network Corporation?
The Court will decide whether to grant certiorari (review the case) or take another scheduling step. No oral argument date or decision window is available yet.
Related cases
Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 17, 2026
- Method
- Methodology