GA 16-14-2 - GA 16-14-2

JUDICIAL DECISIONS Not element of civil cause of action. - Expression of legislative purpose in enacting O.C.G.A. Ch. 14, T. 16 is not an element of a civil cause of action under the Georgia RICO Act, O.C.G.A. § 16-14-1 et seq. State v. Shearson Lehman Bros., 188 Ga. App. 120 , 372 S.E.2d 276 (1988). O.C.G.A. Ch. 14, T. 16 requires the plaintiff to allege an organized crime nexus. Georgia Gulf Corp. v. Ward, 701 F. Supp. 1556 (N.D. Ga. 1987). Allegations of enterprise and racketeering not necessary. - Plaintiff's failure to separately allege that defendants were engaged in an "enterprise" as well as a pattern of racketeering did not preclude issuance of a preliminary injunction against the defendants. Cotton, Inc. v. Phil-Dan Trucking, Inc., 270 Ga. 95 , 507 S.E.2d 730 (1998). Nexus betwee...