Cotton, Inc. v. Phil-Dan Trucking, Inc.

Thompson, Justice.

Phil-Dan Trucking, Inc., filed suit against Cotton, Inc. (“Cotton”), and others, alleging, inter alia, violations of the state and federal civil RICO acts. The court entered a temporary restraining order which prohibited defendants from transferring their real and personal property, unless a transfer was necessary for ordinary personal and business expenses. The court subsequently entered a preliminary injunction to the same effect. Cotton appealed, asserting that OCGA § 16-14-6 (which provides for injunctive relief in a RICO case) is unconstitutional because it delegates…