Lactose Intolerance

Those individuals who are diagnosed with being lactose intolerant will find they have a deficiency that began by the time they were in their toddler stages. This is one of those circumstances where the health insurance provider at a later stage will classify lactose intolerance as a pre-existing condition even when the individual involved has no reason to suspect. In the world of medicine, this is considered to be a primary lactose deficiency and does remain dormant until the late teenage years or young adulthood.

An interesting factor to consider is that lactose intolerance can occur at any age due to a major injury to the small intestines such as perpetual diarrhea, celiac disease, and quite possibly chemotherapy. There is also a genetic link to lactose intolerance that researchers have discovered in recent years.

The average monthly cost for health insurance to carry an insurance policy will not cost you more because of the pre-existing condition, but may cause you to wait up to eighteen months before the insurance provider will authorize the shared payment according to the terms of your particular insurance policy. A few of the more common symptoms include the following.

1. Abdominal upset and bloating

2. Build up of cramping and gas

3. Diarrhea and possibly nausea

What the main cause of lactose intolerance remains to be is uncertain, but all concerned in the medical health care community agree that this is triggered by the intake of dairy products, milk in particular. This can also be caused by the many processed foods that include milk and milk products. However, you need to ask yourself if it is the milk that is the direct cause or is it a by produce of something else. This is a concern throughout the universal health care community around the world.

There are many within the medical health community that are concerned by the over inoculation of all bovine that is being passed through the milk. Society is so deathly afraid of the different diseases of the past that began with cows milk that they perpetually over inoculate the bovine to keep any disease from being passed on through human consumption.

Individuals who are diagnosed with lactose intolerance will need to pay closer attention to their dietary consumption. In regards to women’s health, the intake of vitamin-D in other variations will be an important additive to the daily diet, which can be absorbed into the blood stream by a tablet with high concentrations of vitamin-D.

Do I Need a Permanent or Temporary Retainer?

Have you had a friend receive a temporary retainer to maintain the correct spacing of her teeth, but a permanent retainer has been recommended for you? We are going to explain the difference between the two.

You know doubt want to celebrate the day your braces are removed. But just because your braces are coming off, that doesn’t mean your orthodontic care is over. Once your braces are removed, you’ll need to wear some type of retainer to ensure that your teeth don’t drift from their new locations. But which type of retainer is right for you, a temporary or permanent one?

Let’s talk about what each is, and highlight benefits and drawbacks of each.

Temporary Retainer

You’re probably most familiar with the idea of a temporary retainer. The most common type of retainer is known as a Hawley retainer. It is made of wire and clasps in a thick plastic body. It covers the roof of the mouth and then lies along the tongue side of the lower teeth.

There is also an option called an Essix retainer that looks very similar to Invisalign aligners. Rather than being switched out every two weeks, this retainer will be worn for an extended period of time to maintain the positions gained by braces or Invisalign treatment.

A Hawley retainer will be noticeable, while an Essix retainer will be virtually unnoticeable by others. Essix retainers are fragile and cannot be adjusted, and can slightly interfere with speech. On the other hand, a Hawley retainer can be adjusted to take into account additional tooth movement, and they are less likely to break and need replacing. However, they can take some getting used to and will interfere with speech in the beginning of wear.

The biggest advantage of a removable retainer is that it can be removed. That means you can take it out when eating and brushing and flossing your teeth. However, because it can be removed, that also means it’s easy to lose. Orthodontists frequently hear stories of patients taking it out while eating lunch, then forgetting about it and accidentally throwing it away. Removable retainers require patients to pay close attention to them.

That also means you can forget to put it in altogether, which means it won’t be as effective. Forgetting to wear your retainer can cause teeth to drift slightly out of place.

Another disadvantage is that it can cause excess saliva in the mouth. Your body will adjust over time and producing this excess saliva, but in the beginning it may take some getting used to.

Permanent Retainer

A permanent or bonded retainer is permanently affixed to the teeth. As you age, your teeth will naturally shift a bit, so a permanent retainer is a great option to ensure the straight smile your braces gave you doesn’t go away. They are generally used with the bottom teeth, but can also be used with the upper front teeth.

The biggest disadvantage is that they can make teeth a bit harder to clean. Patients find it takes a bit of getting used to, especially with flossing. A floss threader can help thread the floss between the appliance and the tooth.

But permanent retainers do their job well. You don’t have to worry about losing it when you take it out. It can remain in for years, meaning the smile you got after your time in braces won’t go away.

Your orthodontist will discuss with you which type of retainer he or she thinks is best. It’s important that no matter which type is recommended, you always follow all instructions as provided by your orthodontist.

Advice on Early Orthodontic Evaluation for Having Better Health

Parents want their children to lead a happy and healthy life. Orthodontic evaluation is recommended at an early age to help parents along the path to improving their child’s health.

Orthodontics practices thrive to make sure parents understand the significant role early orthodontic evaluation- and treatment, if necessary- plays in children’s oral health. They also inform their patients and patients’ parents about the notable dynamic between oral health and overall health.

The American Association of Orthodontists encourages children to get an evaluation by their orthodontist by age 7.

Being assessed at this age doesn’t always equate to treatment being necessary. But there are some alignment issues and unhealthy oral habits that may need to be addressed this early in life.

Knowing whether a child is on a monitor-only or a treatment path at a young age can result in less invasive orthodontic treatment now, rather than surgery later.

There are some issues that if detected and treated while a child is still growing, we can take that child off of a surgery path. We have the fact that they are still growing on our side. Once growth stops, treatment options become more limited.

Problems Best Detected Early

Underbite is an example of a common and serious malocclusion that often can be fixed without surgery when identified and cared for at a young age. Underbite occurs when the lower jaw juts out farther than the upper jaw and fosters an improper bite pattern, along with facial deformity.

Serious teeth crowding issues noted and treated when a child is young can avert the need for tooth extractions and future surgery.

Orthodontists recommend identifying and correcting poor oral habits, such as prolonged pacifier use, thumb or finger sucking, mouth breathing and tongue thrusting (pressing the tongue through the teeth, keeping the front teeth from touching) at an early age.

Some children will naturally outgrow bad habits such as thumb-sucking. For those who continue poor oral habits and there is a fear they will lead to bite and alignment issues, treatments are available.

A standard case of early orthodontic treatment is an appliance that is set along the palette of a child’s mouth who has difficulty in quitting thumb and finger sucking. The device prevents the child from experiencing the satisfying sensation typically received from the habit.

Chronic mouth breathing can lead to complications in dental and facial development, such as long face syndrome, narrow mouths and receding or protruding jaws, according to Health.com.

Patients who experience facial development issues caused by chronic mouth breathing often require the use of corrective dental appliances, sometimes along with traditional braces, to cure “high vaulted mouth roofs, narrowing sinuses and deformed jaws. Left untreated, more serious facial surgery can be needed,” according to Health.com.

The point we want to be sure parents take away from this is that whether you’re a child or an adult, braces can correct a variety of bite and alignment issues. However, when we’re dealing with children, we can use a child’s growth to our advantage to create ideal bite and alignment.

Excellent oral health positively affects overall health. Many studies conclude that periodontal disease can lead to heart disease and other systemic ailments. It is less difficult to practice good oral hygiene and keep periodontal disease and tooth decay at bay when teeth are aligned and the bite is correct, he said.

Parents can help their children on the path to a lifetime of healthy smiles and overall health by beginning consultation with their orthodontist by age 7.

OUTLAWED: Six Home Insurance Deal Killers Florida Homeowners Should Be Aware Of

As affordable Home Insurance in Florida gets more difficult to attain, it is extremely important for home owners and future home owners to be fully informed before purchasing a new home or shopping for new home owners insurance.

If one of these SIX conditions exist in the home, “BUYER BEWARE” as insurance may be difficult and potentially impossible to bind.

1) Fuse Panel

A properly installed FUSE PANEL by itself is typically not a safety issue, however most insurance companies have banned this type of electrical service for all new policies written. There are a number of reasons, some of these are noted below.

The main safety issues from fuses come into play when a homeowner replaces a blown fuse with too large of a fuse (i.e. a blown 15 amp fuse replaced with a 30 amp fuse which is readily available on the utility room shelf). The circuit is designed to “blow” if a load greater than 15 amps passes through. Now the “trigger” is set at 30 amps. An extra 15 amps just might be enough for the wiring or other components to heat up enough to cause a fire or other serious injury or damage.

A typical fuse panel can be replaced with a circuit breaker panel for $750 to $2,000 depending on any other upgrades that may have to be made in the replacement. Always get a minimum of THREE QUOTES from reputable Contractors before authorizing any work done.

2) Knob and Tube Wiring

Knob and Tube Wiring (K & T) was used from the 1880’s into the 1930’s. This early method of electrical wiring did a great job for many years and is still used today in some select governmental and industrial applications. However this old rubber or cloth coated wiring that strings along on porcelain knobs has outlived its useful life and is no longer insurable or even legal in residential applications per the National Electrical Code.

An average size home re-wire can run from $8,000 to $20,000 depending on the unique layout and access to electrical components. Always get a minimum of THREE QUOTES from reputable Contractors before authorizing any work done.

3) Aluminum Branch Wiring

In Florida, Aluminum Wiring has been in the spot light since 2010 when tens of thousands of Florida home owners learned they could not get insurance if they have this common wiring that was used frequently between 1965 and 1973.

Aluminum wiring is known to “cold creep”. The wiring expands as it heats up and contracts as it cools down, this can cause the wire to come loose at the connection and this can cause an arc which can heat up fixtures and start fires. Aluminum also oxidizes over time which can contribute to this fire safety issue.

There are two options to get insurance if you have aluminum branch wiring. First, and most costly (but the one we highly recommend) is to completely rewire your branch wiring to copper. This can cost on average, $8,000 to $20,000 depending on how easily or difficult your electrical components are to access.

The second option is to use AlumiConn or CopAlum crimps that in essence crimp a copper “pig tail” to your aluminum wire so that the copper wiring is what is making the connection to your electrical fixture. This option, on average, costs between $1,500 and $3,000 depending on how many electrical fixtures there are in the home. We recommend staying away from this when possible as we fear that the ever changing insurance industry may eventually OUTLAW the crimp method as well. We also do not like the idea of going from the average fixture having 3 connections to having 6 connections. The more connections the more chance of failure.

4) Less Than a 100 Amp Electrical Service

A more recent industry change in our “power consumption hungry world” is requiring homes to have 100 amps or more of service feeding the home. With the heavy consumption of electrical power the average homeowner uses, insurance companies appear to be fearful that smaller services can overheat when using typical high consumption appliances.

The cost to upgrade an electrical service can range depending on if the size of the electrical wiring can handle the increased electrical load. If it cannot, the feeder line will also have to be replaced. As always, get at least 3 quotes from reputable electrical contractors.

5) Polybutylene Plumbing

This popular plumbing pipe was used heavily through the 1980’s and into the early 1990’s. It is usually “blue or gray colored”, is flexible, and has caused flood damage in thousands of homes across the country. Up until recently a few insurance companies did not ask about the type of plumbing pipe so agents would place homeowners with those companies, however starting September 1, 2012 Citizens Insurance Company specifically outlawed Polybutylene Plumbing.

A typical re-plumbing cost can run from $4,000 to $10,000 depending on the ease of running the new pipe (in attics or under homes). We recommend using copper or CPVC piping as some insurance companies are also taking issue with PEX piping that has become very popular over the past decade. We’ll cover more on PEX in a later article.

6) Roof with less than 3 Years of life

The final INSURANCE DEAL KILLER in today’s article addresses your first line of defense in a wind or rain event, THE ROOF! If your roof has less than three years of useful life left on it you will likely be denied insurance coverage. In our hot Florida sunshine, an average three tab shingle roof will last between 10 and 15 years. An average dimensional shingle roof will last between 15 and 25 years. Other popular roofing options include tile and metal roofing. These options have significantly longer life expectancy of upwards of 50 years if installed and maintained properly.

A re-roof is normally calculated on a per square basis. A square is equal to 100 sq ft of shingles. In the Pensacola area that per square cost can run anywhere from $225 to $300 per square making the average 30 square roof cost between $6,750 and $9,000 depending on the quality of products used.

Notary Public FAQs

A notary is a public official who plays a very important role in law and business. Almost all agreements that you perform in everyday life need legal backing and proof. The notary public is legally empowered to acknowledge signatures, conduct oaths and affirmations, and issue subpoenas in lawsuits.

How do I become a notary in the U.S?

Notary is a comparatively easy role to secure, in most cases only requiring the applicant to pass a simple test and undergo some form of background check. The applicant must be at least 18 years old and a permanent resident of the state in which he wants to be a notary. Other possible steps include taking an educational course, filling out a notary application form, paying a fee to the commissioning authority, taking an oath of office at the county clerk?s office and obtaining a notary bond. These requirements vary from state to state.

How do I differentiate notary public insurance and notary public bond?

While the insurance protects a notary from financial liability in the case of an error when performing notarization duties, the notary bond only protects the public. The bond can be attained from insurance companies, but personal property can also be submitted as security.

What are notary public seals or stamps?

A complete notarial procedure requires a notary’s signature and seal, evidence that the notary?s signature is genuine and that the person is a notary public. The seal usually consists of the notary?s name, the state seal, the words “notary public”, and the notary public commission number. A text is generally valid if the expiration date is left out by mistake.

What is the term of office for a notary and how is it renewed?

A notary public holds office for four years. His commission renovation is made by mail or in person at the judgment of the appointing clerk. A notary must contact his clerk of a superior court for exact procedures.

What is a mobile notary public?

A mobile notary public is basically a notary who travels to the location of the client in order to fulfill his duties. The services offered are the witnessing of sensitive documents, overseeing their signing, identifying participants and administering oaths when essential.

Where and how can I find a notary public?

Notary publics can be found at a number of county offices, including the register of deeds office. They are also seen at credit union, mortgage companies, financial institutions, insurance company and courthouses. By using the Internet referral services or the yellow pages of telephone books, you can easily find a list of businesses and people who offer notary public services.

Advantages of Being OHSAS 18001 Certified

OHSAS 18001 is an occupational health and safety management systems implemented worldwide. It comprises the policies, plans and practices of any company for handling occupational health and safety matters. The system is adaptable to any company’s needs and requirements, considering that each company has unique occupation health and safety hazards. Being certified proves that the company meets all legal requirements and has a safe environment to do business. And there are many other advantages of being OHSAS 18001 certified.

• Creating a work environment with low risk of accidents and/or professional diseases. Companies who adopt this standard strive for zero work related accidents and professional diseases. The standard provides a framework for identifying occupational health and safety hazards and minimizing the associated risks. OHSAS 18001 provides the tools for identifying the dangers and improve employee risk awareness.

• Implementing the standard will greatly reduce accident rates. Furthermore, it will improve accident reporting and post-accident processes, including monitoring, accident investigation and damage control. These translate into a significant decrease of accident and insurance costs.

• Demonstrates that the company is committed to have an effective health and safety policy. The company shows that health and safety are a priority for the top management team and it has the right means for protecting all employees.

• Improves reputation and investor satisfaction. Having safety policies compliant to this standard improves corporate image and credibility among clients, potential business partners, regulators and the general public. A major accident caused by inadequate safety practices can be disastrous for the company.

• Allows the company to gain a major advantage on the market. Ensuring legislative awareness and compliance proves that the company has efficient safety management practices, which is highly appreciated on the market.

• By displaying results of audits, inspections, risk assessments, the company will be regarded as a very transparent one, again, gaining good reputation amongst all business partners and potential clients.

• Better work results from company’s employees. Providing a safe working environment will increase productivity and efficiency. Workers who know that they are protected against will perform better.

• Implementing OHSAS 18001 is an efficient way to tackle absenteeism. Absenteeism is a major problem for any company. When it is caused by improper conditions which lead to occupational health problems, urgent measures must be taken. Improving work environments will lead to higher employee morale and greater involvement and commitment. Overall, the absenteeism problem will be reduced and easier to manage and the productivity of the company will increase.

All You Need To Know About Bail Bonds

Bail bonds are administered to people that are arrested. It is done to ensure that when the arrested person is bailed, he will be available to attend all the judicial proceedings before his case is brought up for judgment. Usually the courts determine the bailing amount. Once the individual is arrested, he will show up in court before his case begins. They reason for this proceeding is to find out whether or not the arrested person qualifies for the bond. For instance if it is discovered that the person might run away, then the chances of the court granting him a bailing bond is slim. In this case he will be remanded in custody until the completion of the case. His qualification for release also depends on his behavior. If the court finds out that the arrested person is likely to cause more problems in the society within that period, he might be kept in prison.

Therefore, not all persons that are arrested qualify for it. The court usually determines the amount of bond the accused has to pay. The amount is dependent on the flight risk of the person, his financial strength and other factors. It is the ultimate decision of the judge on the amount that matters. The lawyer of the accused can then ask for a bail bond by providing reasons for his client to be granted. If the reasons are sufficient enough to the judge, he can decide to release him from custody after the bond payments pending when his case will be heard. But if the accused cannot be able to afford the charges, he has the option of seeking for help from others. They can source for funds with a bond agent, from insurance companies, or from private individuals. However, borrowing from an agent or an insurance company will mean that the person will pay extra fees in commissions including the full payment of the money borrowed. Because the insurance company or the agent is funding the bond, it means they will be responsible and held by the court for any actions of the individual.

The individual will only be release only when he has completely paid the fee and if he accepts to be bound by all the conditions and requirements. One of the conditions is that he will be required to report to the court at a certain date set by the law court. Also, he might be prohibited from travelling and in some cases, the court has to confiscate the individual’s travel documents. The amount of bail bonds are determined according to the type of case and according to the judge presiding over the case. There are other requirements and conditions but the mentioned ones above are the basic and most important conditions

Will there be Unintended Consequences from the Supreme Court Decision in eBay v. MercExchange?

Although receiving most publicity as a possible step in the path of patent reform, the eBay v. MercExchange case may have altered the landscape in obtaining permanent injunctions generally, and thus may have unintended and unforeseen consequences in other areas of the law.

From the unanimous opinion (Thomas, J.) in eBay v. MercExchange, 126 S. Ct. 1837, 1839; 164 L. Ed. 2d 641, 645-646, 78 USPQ2d 1577 (2006) :

According to well-established principles of equity, a plaintiff seeking a permanent injunction must satisfy a four-factor test before a court may grant such relief. A plaintiff must demonstrate: (1) that it has

suffered an irreparable [164 L.Ed. 2d 646] injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for that injury; (3) that, considering the balance of hardships between the plaintiff and defendant, a remedy in equity is warranted; and (4) that the public interest would not be disserved by a permanent injunction. See, e.g., Weinberger v. Romero-Barcelo, 456 U.S. 305, 311-313, 102 S. Ct. 1798, 72 L. Ed. 2d 91 (1982); Amoco Production Co. v. Gambell, 480 U.S. 531, 542, 107 S. Ct. 1396, 94 L. Ed. 2d 542 (1987).

Odetics v. Storage Technology, 14 F. Supp. 2d 785, 794 (ED Va 1998), cites Weinberger as follows:

Issuance of injunctive relief against STK is governed by traditional equitable principles, which require consideration of (i) whether the plaintiff would face irreparable injury if the injunction did not issue, (ii) whether the plaintiff has an adequate remedy at law, (iii) whether granting the injunction is in the public interest, and (iv) whether the balance of hardships tips in the plaintiff’s favor. See Weinberger

v. Romero-Barcelo, 456 U.S. 305, 312, 72 L. Ed. 2d 91, 102 S. Ct. 1798 (1982).

The district court decision in eBay, 275 F. Supp. 2d 695 (ED Va 2003) , relied on this text.

EBay’s brief to the Supreme Court, 2005 U.S. Briefs 130, cites Weinberger in the following way:

This Court could stop there because “the equitable remedy is unavailable absent a showing of irreparable

injury,” Los Angeles v. Lyons, 461 U.S. 95, 111 (1983), and “the inadequacy of legal remedies.” Weinberger v. Romero-Barcelo, 456 U.S. 305, 312 (1982).

The naïve reader might expect to find a four-factor test to obtain a permanent injunction at page 312 of the Supreme Court case Weinberger v. Romero-Barcelo. The naïve reader would be wrong.

Here’s text around page 312 of Weinberger:

* Begin text

It goes without saying that an injunction is an equitable remedy. It “is not a remedy which issues as of course,” Harrisonville v. W. S. Dickey Clay Mfg. Co., 289 U.S. 334, 337-338 (1933), or “to restrain an act the injurious consequences of which are merely trifling.” Consolidated Canal Co. [456 U.S. 312] v. Mesa Canal Co., 177 U.S. 296, 302 (1900). An injunction should issue only where the intervention of a court of

equity “is essential in order effectually to protect property rights against injuries otherwise irremediable.” Cavanaugh v. Looney, 248 U.S. 453, 456 (1919). The Court has repeatedly held that the basis for injunctive relief in the federal courts has always been irreparable injury and the inadequacy of legal remedies. Rondeau v. Mosinee Paper Corp., 422 U.S. 49, 61 (1975); Sampson v. Murray, 415 U.S. 61, 88 (1974); Beacon Theaters, Inc. v. Westover, 359 U.S. 500, 506-507 (1959); Hecht Co. v. Bowles, supra, at 329.

Where plaintiff and defendant present competing claims of injury, the traditional function of equity has been to arrive at a “nice adjustment and reconciliation” between the competing claims, Hecht Co. v. Bowles, supra, at 329. In such cases, the court “balances the conveniences of the parties and possible injuries to them according as they may be affected by the granting or withholding of the injunction.” Yakus v. United States, 321 U.S. 414, 440 (1944). “The essence of equity jurisdiction has been the power of the

Chancellor to do equity and to mould each decree to the necessities of the particular case. Flexibility rather than rigidity has distinguished it.” Hecht Co. v. Bowles, supra, at 329.

In exercising their sound discretion, courts of equity should pay particular regard for the public consequences in employing the extraordinary remedy of injunction. Railroad Comm’n v. Pullman Co., 312 U.S. 496, 500 (1941). Thus, the Court has noted that “[the] award of an interlocutory injunction by courts of equity has never been regarded as strictly a matter of right, even though irreparable injury may otherwise result to the plaintiff,” and that “where an injunction is asked which will adversely affect a public

interest for whose impairment, even temporarily, an injunction bond cannot compensate, the

court may in the public interest withhold relief until a final determination of the rights of the parties, though the postponement may be burdensome to the [456 U.S. 313] plaintiff.” Yakus v. United States, supra, at 440 (footnote omitted). The grant of jurisdiction to ensure compliance with a statute hardly suggests an absolute duty to do so under any and all circumstances, and a federal judge sitting as chancellor is not mechanically obligated to grant an injunction for every violation of law. TVA v. Hill, 437 U.S., at 193; Hecht Co. v. Bowles, 321 U.S., at 329.

*End text

As is apparent from the text at the end of page 312, the injunction at issue in Weinberger was NOT a permanent injunction, but a temporary injunction wherein the ultimate resolution depended on another event [for example, “[The district court] refused, however, to enjoin Navy operations pending consideration of the permit application.”] Issues of equitable balance for a temporary injunction, which are considered before the ultimate issues are resolved, are distinct from issues of balance for a permanent injunction, which are considered after the case has been decided on the merits. Thus, for example, the issue of “public interest” discussed at page 312 of Weinberger is the public interest BEFORE a final determination of the rights of the parties, NOT AFTER the final determination, as would be the case in a permanent injunction. [However, one notes that Orin H. Lewis referred to Weinberger as the “landmark permanent injunction case” in 72 Tex. L. Rev. 849; in such view, one considers that the district court disposed of the final issues before the district court, even though the ultimate disposition of the rights [of the Navy] would be in another forum.]

The Weinberger case does not enumerate a four factor test for consideration in granting a permanent injunction. In fact, the Weinberger case was not strictly about the grant of a permanent injunction because the ultimate merits were to be resolved in the permit application. The decision in eBay v. MercExchange about the presence of a four factor test for permanent injunctions may have unintended consequences. In ZEN INVESTMENTS, 2006 U.S. Dist. LEXIS 37171 (decided June 2, 2006), the court noted: “The Third Circuit has been unsettled n5 on whether a plaintiff must prove irreparable harm to receive a permanent injunction, as opposed to a preliminary injunction which always requires a showing of irreparable harm.” The eBay decision squarely brings back “irreparable harm” into the permanent injunction calculus without giving much guidance on how to evaluate irreparable harm. The immediate impact will be more uncertainty.

Ironically, the cite to a non-existent four factor test by the eBay court resonates with certain questionable citation practices in the Weinberger case. For example, the appropriateness of citations of the Weinberger court to other cases which appear on page 312 has been questioned by legal academics. Thus, Douglas Laycock wrote of Weinberger in the Harvard Law Review in 1990 (103 Harv. L. Rev. 687):

The Court said it “has repeatedly held that the basis for injunctive relief in the federal courts has always been irreparable injury and the inadequacy of legal remedies.” It then cited Rondeau v. Mosinee Paper Corp., a mootness case; Sampson v. Murray, a case about preliminary relief and deference to administrative agencies; Beacon Theatres, Inc. v. Westover, a jury trial case; and Hecht Co. v. Bowles,

a case that does not even mention the irreparable injury rule. Weinberger itself is about undue hardship and deference to the military. Each of these cases is cited in a different section of this Article; they have almost nothing in common except the phrase “irreparable injury.” Hecht does not even have that; Hecht denied an injunction on the ground that it would be futile. The Court miscited it in Weinberger. Perhaps the law clerk assumed that any case that denied an injunction and mentioned discretion must have been an irreparable injury case.

Thus, the cases cited in the Weinberger decision, which was utilized to justify eBay v. MercExchange, don’t really justify the proposition about “repeatedly held that the basis for injunctive relief is ….” Further, there is no four-facter list enumerated in the Weinberger case. Arguably, Weinberger v. Romero-Barcelo, 456 U.S. 305, 311 (1982) taught that an injunction will not “‘restrain an act the injurious consequences of which are merely trifling'” (quoting Consolidated Canal Co. v. Mesa Canal Co., 177 U.S. 296, 302 (1900)), an issue quite distinct from that faced in eBay v. MercExchange.

Although the unanimous decision in eBay is characterized as a narrow decision reiterating previous law, it has the possibility of creating more uncertainty in the area of the application of the concept of “irreparable injury” to the calculus for permanent injunctions.

Other aspects of the eBay case were discussed in Los Angeles Times Gets Facts Wrong in Discussion about Supreme Court case, eBay v. MercExchange

Considering that the Thomas opinion cites the still valid 1908 Continental Paper case against the reasoning of the district court eBay opinion, the analysis of the four factors made by the Court of Appeals for the Federal Circuit in this case might still be valid, and a permanent injunction might still issue. So, ironically, for all the smoke, MercExchange may still get its permanent injunction and we may almost obtain “business as usual” in the use of permanent injunctions in patent law, even as greater uncertainty is injected into other areas.

Different Types Of Digital Multimeters

Digital multimeters are an electrician’s best friend. They are gadgets used to measure voltage, current and resistance of a circuit of an electronic device or an in-home circuit. A digital multimeter, or DMM, produces highly accurate numerical readings and displays them on a LED screen. An analogue multimeter, on the other hand, display readings using a pointer that deflects on the printed dial screen. This may produce inaccurate readings resulting from human error. There are different types of DMMs and they function differently.

Fluke Digital Multimeter

Fluke digital multimeters carry out various calibration functions. They measure electric current, voltage and resistance across different components. Depending on the element that needs to be measured, the correct task can be selected on the selector knob. A Fluke DMM comes with a large display screen, making it very easy to note the readings. More innovative DMMs also come with features that measure temperature, frequency, pressure, humidity and duty cycle. The voltage, current or resistance reading is taken when the two leads are connected to the device being measured.

The Clamp Digitial Multimeter

A digital clamp multimeter is a testing tool used to measure electrical flow. The clamp part of the device is used for measuring amperage that is surging through an insulated cable. Normally, most digital clamp multimeters don’t possess the ability to measure electrical resistance. They typically measure current flow through the clamp portion and the volts using the probes. The clamp DMM’s main purpose is to read amperage through the cable and the circuit’s voltage. The power consumption, or Watts, can be calibrated by multiplying the amps and the volts readings.

DMMs For Various Voltage Outputs

When measuring AC or DC current across a circuit or a component, make sure that the digital multimeter matches its voltage level. More than damaging your electric gauging tool, you will put your own life in danger. There have been reports of injuries and deaths relating to the use of a wrong type of multimeters: smaller ones have been used to read installation circuits with high voltage. It is imperative that only experts handle multimeters to test electrical current and voltage.

DMMs are given the following rates:-

A. Category I – for testing electronic devices

B. Category II – for testing appliance and domestic loads

C. Category III – for small-sized industrial circuits

D. Category IV – for testing power lines and feeds of residential and commercial electrical mains

Digital multimeters can be an intimidating tool to use. But if you are knowledgeable in the field of electricity and handle it with precaution, you will realise that DMMs are the most useful appliances around. They help keep electrical devices, circuits and entire houses in check. By choosing the right type of DMM, you can keep yourself, your family and your home safe from electrical hazards.

How to Start a Foreclosure Cleanup and Property Preservation Company

A new article on June 3, 2009 from MSN Money writer Michael Brush indicates that there is a third wave of foreclosures still to come from prime borrowers (i.e. those previously “safe-borrowers” with sound credit and fixed-rate mortgages) as a result of job losses thanks to the worsening economy (“Coming: A 3rd Wave of Foreclosures”).

The article states that “In the first quarter, the percentage of these borrowers who were behind on their mortgages or in foreclosure had doubled from a year earlier, to nearly 6%” and goes on to say that “Credit Suisseanalyst Rod Dubitsky predicted last week that 8.1 million mortgages, or 16% of all mortgages, will go into foreclosure over the next four years. A weak economy, continued declines in home prices and rising delinquencies among prime borrowers all but ensure that foreclosures “will march steadily higher,” he says.” Not such great news for the economy, but good news indeed for entrepreneurs interested in starting a foreclosure cleanup business to clean and repair foreclosed homes for the banks.

To put this in perspective, this means that there will be over 2 million foreclosures a year and more than $2,025,000,000 up for grabs in money that will be spent on cleaning up these foreclosed properties (since the average bill is $1000+ to clean up one of these properties).

Let’s take a look at how you can position yourself to capitalize on this coming foreclosure movement

Set Up Your Company Properly

If you want to be hired for cleanup or preservation work, you’ll need to operate your business as a professional company. The good news is that you can set up a business quickly and inexpensively, and usually on your own. Many people decide to set up an LLC (Limited Liability Company) because of how quickly and easily it can be done but you’ll want to check with your accountant or other business professional to select the type of business entity that’s right for your personal situation.

If you do decide to start an LLC, you can usually find all of the documents you need online from your state’s government website. Usually the branch you’re looking for will be called the “Industrial Commission” or “Corporation Commission” or similar. Try typing in “start a business + ______ (your state)”. Anything ending in “.gov” is usually a good place to start as it indicates a government site.

Once your business is set up, you’ll need an Employer Identification Number (EIN), which is like a SSN for your business. You can register for one online: type in “IRS” & “EIN” into a search engine to find the online registration link.

As soon as you have your EIN (which you can usually get immediately online), you can open up a business bank account for your company. This step is very, very important. In the excitement of things, many people get caught up in the day-to-day dealings of running a business and use their personal accounts to pay for business expenses. Not only does this present an accounting nightmare at the end of the year, but it could present problems for you with the IRS if you don’t keep your personal and business finances separate.

Once you legally set up your business, you may be required to register your business with your county or city in order to get a business license to operate. You can start by calling City Hall or the Office of the County Clerk to inquire as to whether or not you need a city/county/state business license and if so, how to get one.

So to recap:

1. Legally set up your business

2. Get your EIN # and set up a business bank account

3. Apply for a business license

4. If you want to do preservation work, determine whether or not you need a contractors’ license

Get Insurance

You absolutely must have a Commercial Liability Insurance policy and Workers’ Compensation Insurance in order to run your business. Not only is insurance essential for protecting yourself from liability and protecting those that work for you in the event of a work-related injury, but many asset management companies will not do business with you if you do not meet their minimum insurance requirements.

Insurance will likely be one of your largest start-up costs, however, most insurance companies allow you to pay the premium on a monthly (rather than yearly) basis, which definitely makes this expense more affordable.

General Liability Insurance policies can cover the following: bodily injury, property damage, contractual liability, personal and advertising injury, professional liability (also known as Errors & Omissions (E&O) insurance, this coverage protects you and your business from litigation caused by charges of professional neglect or failure to perform your professional duties), hired auto and non-auto liability and umbrella liability.

You’ll want to speak directly with your insurance agent to get a better idea of the extent of the coverage provided by their particular policy and one that is best suited for your individual needs

Workers’ Compensation Insurance is required in most states when you have W2 employees, and some states also require your insurance to cover your 1099 contractors also. Workers’ Compensation (“Workers’ Comp”) covers your employees’ medical and disability expenses related to work-related illness and on-the-job injuries.

In the states where you are not required to cover your 1099 contractors you would need them to provide proof that they carry their own Workers’ Compensation insurance. Although tempting to shift the financial burden of maintaining a policy onto your 1099 contractors, in all reality, you are probably better off to take on the cost of all staff Workers’ Compensation (all W2 employees and 1099 contractors). The reason is that it’s difficult to find only independent contractors that have their own policy. In addition, this industry has such high turnover that if you put this restriction on your independent contractors, you’ll waste valuable time and lost revenues trying to find replacements in a hurry.

Here’s a great tip: sometimes you can get “pay-as-you-go” insurance where your workers’ compensation insurance premiums are based on your actual payroll, rather than an estimated amount. This is great for companies that are just starting out or have a fluctuating workload. Type in “pay as you go workers comp” into a search engine for results in your area.

As a second tip, we’ve used Farmers Insurance for years and have always had excellent customer service and great rates. Just Google “Farmers Insurance” for an agent in your area.

Foreclosure Cleanup v.s. Property Preservation Services

As the name suggests as a Foreclosure Cleanup Company, you’ll be cleaning out all of the junk in the house (also called a “trashout or a “junk out”), as well as cleaning the interior of the home. You may also be required to remove vehicles on the property. Usually foreclosure cleanup companies are also responsible for doing a basic landscape cleanup which includes hauling out any junk from the front/back yards, cutting the grass and trimming trees/bushes.

Cleaning up the property is the extent of services offered by a Foreclosure Cleanup Company, whereas a Property Preservation Company is also involved in the “securing” of the property and the “preserving” of the property.

Here are some of the services that a preservation company may offer (note that a Property Preservation Company will generally also offer cleanup services):

Securing the Property

o Initial vacant property inspection

o Lock changes

o Boarding of windows and doors

o Temporary roof repair

o Securing swimming pools

Preserving the Property

o Exterior Debris removal

o Abandoned vehicle removal (cars, boats, etc.)

o Interior Debris removal (junk-out)

o Hazardous waste removal

o Interior cleaning services including carpet cleaning

o Window washing/graffiti removal

o Window replacement

o Pool services (draining, acid washing, maintaining, etc.)

o Pest control services

o Yard maintenance/landscaping

o Snow removal

o Winterization

o Gutter cleaning

o Pressure washing

o Carpet removal & replacement

o Tile/Floor repairs

o Painting

o Sheetrock/drywall repairs

o Carpentry repairs

o Plumbing fixtures repairs & replacements

o Fire & mold remediation

o Fence repair

Here are a few things to consider when determining the extent of the services you want to offer:

A Contractors’ License is generally not required for Foreclosure Cleanup Company but is likely required for preservation companies doing work over a certain dollar value (usually $500 – $1000+). Sometimes this license can be obtained by attending a course and successfully passing a test whereas other states require previous, verifiable industry experience.

The insurance premiums tend to be higher on companies that offer preservation services as they are considered to be a “general contractor”. However, the revenue potential is much higher as preservation services tend to run from a few thousand dollars upwards instead of $800 – $1500 for each cleanout.

Usually what people do is start out initially offering just the foreclosure cleanup services and then when things pick up, they’ll add preservation items to the list of services they offer. This let’s them get their foot in the door without having to spend a whole lot of money upfront when setting up their company.

Source the Right Equipment & Tools

The great thing about starting a foreclosure cleanup company is that the initial expenses are quite low as much of the equipment and tools needed for cleaning foreclosures can likely be found in your own garage:

o Cleaning chemicals (i.e. all purpose cleaner, disinfectant, toilet bowl cleaner, window cleaner)

o Cleaning supplies (broom, mop, scrub pads)

o Vacuum cleaner

o Garbage bags and shovels

o Work gloves and disposable plastic gloves

o Lawn mowers & lawn tools

o Wheelbarrow

For the smaller items you don’t have on hand, check your local dollar store. Their prices can’t be beat and they usually have the same chemicals and cleaning supplies as the other retailers. Once you start doing some volume, consider shopping for your supplies at Sam’s Club or Costco to keep your expenses low.

You can also find used equipment in great shape (such as vacuums) by going around to your local Saturday morning garage/yard sales. If you have a “Re-Use” center or a Salvation Army, you may consider checking there also as they often have vacuums and other small equipment or yard tools for sale.

For hauling junk, you’ll need some sort of trailer and a vehicle large enough to pull it. If you don’t have a truck and a trailer, you can always borrow a friend’s truck and rent a trailer from U-Haul or just go ahead and rent a moving truck from U-Haul. (Remember though, that you’ll be charged a daily rate plus a per-mile rate when you rent a moving truck whereas if you use your own truck and just rent the pull-trailer, you’ll only incur the daily rental rate for the trailer.)

Sometimes you’ll be required to clean a property that doesn’t have electricity or water. In the event that there’s no electricity, you’ll need a generator to operate the vacuum cleaners and other electrical equipment. These can be rented at Lowe’s or Home Depot and is a much better alternative to purchasing one outright unless you’re going to use it on a regular basis (a new one will run you about $500+).

To save on expenses, it’s best to rent equipment in the beginning.

Once you get up and going, it may be worth looking into purchasing equipment of your own. Check the online classifieds ads (such as Craigslist, Kijiji and Backpage) for used trailers, generators, etc. You should also check with U-Haul as they have been selling some of their excess trucks as of late.

Stay Safe on the Job

As a business owner, you’re responsible for keeping your staff safe while working on the job. Working safely is paramount to the health of your staff and the reputation of your business (and also keeps your insurance premiums low). It’s imperative that you review safety issues prior to allowing anyone to work on the job – you must provide both classroom and on-the-job safety training to all new hires.

Now, it doesn’t have to be anything fancy; you can spend 20 – 30 minutes reviewing safety policies, safe working practices and answering any questions and then you’ll be done! Make sure you have people sign in and out of the meeting and that you document that a safety meeting took place.

It’s also very important that you become familiar with OSHA and Safety Standards as well as the health & safety hazards associated with this industry so that you can keep your staff safe, avoid accidents and costly fines. You can find the OSHA Pocket Guide to Construction Safety (it’s a short and an easy read) at the main website (OSHA DOT gov) by searching for the report name.

Another way to protect your staff and your business is to make sure that you check references before you hire someone. Insist that they list non-related references (i.e. not mother, sister or best friend) and instead list references of previous employers or someone they know in a professional capacity. We also do drug testing and background checks – it might sound paranoid to some, but the safety of our staff, our customers’ property and our company’s reputation is far too important to risk not spending $20 on a background check or drug test.

Price Your Services Right

In this industry, the lowest price always wins the bid (unless, of course, the lowest bidder has a terrible track record of not completing work and is utterly irresponsible and unprofessional, in which case the company has just committed “reputation-suicide” and will never be hired again). Lenders don’t want to spend any more than they have to on these properties so you want to make sure you price your services comparable with the going market rates (but at the same time, priced so that you still make a great profit and don’t leave any money on the table).

For cleaning out foreclosures, most banks expect to spend anywhere from $500 – $1500 for a cleanout (trashout, interior clean and initial landscape cleanup), but it could be a bit more or a bit less, depending on your area. It’s important to know that most lenders have prescribed “price caps” for the maximum amounts that they’ll pay for services.

If you’re also providing preservation services, a great site that we’ve used before to determine our prices for doing repairs is www.CostEstimator.com for getting the market rates for construction costs – you can get a free 30 day trial (no need to enter credit card – it really is free!). There are over 3,000 cost items adjusted for over 210 local, geographic regions to create your bid and you can add as many others as needed. If you want to sign up after the trial, it’s only $15/month.

Market Your Services

It’s true – “nothing happens until somebody sells something”… and you’ll need to get out there and sell, sell, sell your business. Once you’ve done a few jobs, you’ll find that word of mouth advertising and referrals will provide a large pool of new jobs for you, but in the meantime, you do need to do everything possible to let customers know you exist.

A large portion of work will come from the relationships that you build with Real Estate Agents (“Realtors”) who list bank-owned homes (often referred to as REO listings). They are often given the task of bidding out the cleaning and repairs of new listings by the asset management company so you’ll want to make sure the agents in your area know your company handles this type of work.

A great way to find out which Realtors in your area list REOs is to go online to the major bank’s REO websites and “data mine” the contact information for the listing agents (name, email, phone numbers). It can be painstaking work, but definitely worth it.

Here’s an example of a bank REO sites to get you started collecting Realtor information

WELLS FARGO (Properties managed by Premier Asset Services): pasreo.com/pasreo/images/pas_logo.jpg

NOTE: In order to access agent information, select the state and click search. Then, individually select each listing and click on “Print Property Report CVS”. Each listing and corresponding information (such as agent name, phone # and email) will be created in an Excel spreadsheet. You can access the page

Remember to follow up with a phone call a few days later. Don’t be shy about asking the Realtor if he/she has any jobs for you to bid, either – most of them are very accommodating and willing to give a new company the opportunity to provide estimates.

The other way jobs are bid out is through large Asset Management Companies (also referred to as Marketing & Management Companies, REO Field Service Companies and Property Management Companies). Essentially, the lender says, “ok – I have thousands of properties to get rid of. Here, national ABC Asset Management Company: clean, fix and sell these properties for us”. And the national Asset Management Company will then subcontract out the work to local foreclosure cleanup and property preservation companies. In order to work for these companies, you usually need to sign up your company as a potential vendor. Many times this can be done online.

There are both positives and negatives associated with working for the larger companies. On the positive side, you will probably be given a few projects to work on at a time so you will be kept relatively busy. On the negative side, they usually want you to offer ‘wholesale pricing’ and don’t pay until 30 – 60 days after you invoice them for the work. Working for one of these companies, however, will give you the experience you need to go after more work.

Other possible customers include wholesale property investors (groups of investors that purchase foreclosed homes at the auctions and then sell them to smaller investors at a wholesale price), investors, landlords, property management companies, Realtors and so on.

You should also consider attending your local networking events such as the Chamber of Commerce meetings and any local investor meetings in order to hand out your card and network with potential customers. The more you get out there, the better chance you’ll have of securing some great, long-term customers!

This is definitely an exciting industry and a very profitable one for those of you who don’t mind getting your hands a bit dirty! Good luck!