Couch v. Telescope Inc., 611 F.3d 629 (9th Cir. 2010). · Go Syfert
Couch v. Telescope Inc., 611 F.3d 629 (9th Cir. 2010). Cases Citing This Book View Copy Cite
564 citation events (564 in the last 25 years) across 47 distinct courts.
Strongest positive: West v. Bam! Pizza Management, Inc. (nmd, 2025-10-09)
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010 2018 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) West v. Bam! Pizza Management, Inc. (4×) also: Cited as authority (rule)
D.N.M. · 2025 · quote attribution · 3 verbatim quotes · confidence high
nor does the fact that no california court has addressed the precise questions at issue satisfy the requirement of a substantial ground for disagreement, as the district court properly recognized.
examined Cited as authority (verbatim quote) Theodore v. American Express National Bank (3×) also: Cited as authority (rule), Cited "see"
N.D. Cal. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
a party's strong disagreement with the court's ruling is not sufficient for there 19 to be a 'substantial ground for difference.
examined Cited as authority (verbatim quote) M.H. v. Jeppesen (5×) also: Cited as authority (rule), Cited "see", Cited "see, e.g."
D. Idaho · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
courts traditionally will find that a substantial ground for difference of opinion exists where the circuits are in dispute on the question and the court of appeals of the circuit has not spoken on the point . . . .
discussed Cited as authority (verbatim quote) United States v. I-44 Truck Center & Wrecker Service, LLC
E.D. Mo. · 2023 · quote attribution · 1 verbatim quote · confidence high
certification under 1292(b) requires the district court to expressly find in writing that all three 1292(b) requirements are met.
discussed Cited as authority (verbatim quote) Ramirez v. Bank of America, N.A.
N.D. Cal. · 2023 · quote attribution · 1 verbatim quote · confidence high
that 5 settled law might be applied differently does not establish a substantial ground for difference of 6 opinion.
discussed Cited as authority (verbatim quote) Smith v. Ostrander (2×) also: Cited "see"
D.V.I. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
that settled law might be applied differently does not establish a substantial ground for difference of opinion.
discussed Cited as authority (verbatim quote) Williams v. Alameda County Board of Supervisors (2×) also: Cited as authority (rule)
N.D. Cal. · 2023 · quote attribution · 1 verbatim quote · confidence high
a party's strong disagreement with the 7 court's ruling is not sufficient for there to be a substantial ground for difference.
discussed Cited as authority (verbatim quote) Beaty v. Ford Motor Company
W.D. Wash. · 2023 · quote attribution · 1 verbatim quote · confidence high
that settled 11 law might be applied differently does not establish a substantial ground for difference of 12 opinion.
discussed Cited as authority (verbatim quote) Pranger v. Oregon State University
D. Or. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
a party's strong disagreement with the court's ruling is not sufficient for there to be a substantial ground for difference
discussed Cited as authority (verbatim quote) Taylor v. Hawley Troxell Ennis & Hawley LLP
D. Idaho · 2022 · quote attribution · 1 verbatim quote · confidence high
certification under 1292(b) requires the district court to expressly find in writing that all three 1292(b) requirements are met.
discussed Cited as authority (verbatim quote) The Best Label Company v. Custom Label & Decal, LLC
N.D. Cal. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
certification under 1292(b) requires the district court to 22 expressly find in writing that all three 1292(b) requirements are met.
discussed Cited as authority (verbatim quote) Atlantic Basin Refining, Inc. v. JP Energy Partners, LP
D.V.I. · 2021 · quote attribution · 1 verbatim quote · confidence high
a party's strong disagreement with the court's ruling is not sufficient for there to be a 'substantial ground for difference of opinion.
examined Cited as authority (verbatim quote) Ekstrom v. Congressional Bank (4×) also: Cited as authority (rule), Cited "see"
D. Maryland · 2021 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
nor does the fact that no california court has addressed the precise questions at issue satisfy the requirement of a substantial ground for disagreement.
discussed Cited as authority (verbatim quote) Munger v. Cascade Steel Rolling Mills, Inc.
D. Or. · 2020 · quote attribution · 1 verbatim quote · confidence high
just because counsel contends that one precedent rather than another is controlling does not mean there is such a substantial difference of opinion as will support an interlocutory appeal.
examined Cited as authority (verbatim quote) United Launch Services, LLC v. United States
Fed. Cl. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
a party's strong disagreement with the court's ruling is not sufficient for there to be a substantial ground for difference. that settled law might be applied differently does not establish a substantial ground for difference of opinion.
discussed Cited as authority (verbatim quote) Sportsman v. California Overland, Ltd.
D. Minnesota · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
that settled law might be applied differently does not establish a substantial ground for difference of opinion.
discussed Cited as authority (rule) Capitol Specialty Insurance Corporation v. Colorado River Consulting Incorporated, et al. (2×) also: Cited "see"
D. Ariz. · 2026 · confidence medium
“To determine if a ‘substantial ground for difference of opinion’ exists under 18 § 1292(b), courts must examine to what extent the controlling law is unclear.” Couch v. 19 Telescope Inc., 611 F.3d 629, 633 (9th Cir. 2010).
discussed Cited as authority (rule) Henry G. Potrykus v. City of Yakima, Yakima Police Department, Matthew Murray, in official and individual capacity; City Attorney’s Office and City Legal Department; Sara Watkins, in official and individual capacity; Bronson Faul, in official and individual capacity; John Doe, prosecuting attorney, Connie Mendoza, in official and individual capacity; Margo Rogers, in official capacity; Patricia Byers, in official capacity; Ron Doe, in official
E.D. Wash. · 2026 · confidence medium
Couch v. Telescope Inc., 611 F.3d 629, 633 (9th Cir. 2010). 8 Analysis 9 Here, Plaintiff has not shown that an interlocutory appeal of the Court’s Orders that dismissed his Complaint but granted him leave to amend satisfies the requirements of § 1292(b).
discussed Cited as authority (rule) David Reed v. LTN Global Communications, Inc.
D. Maryland · 2026 · confidence medium
“If ‘controlling law is unclear,’there may be substantial grounds for difference of opinion for purposes of § 1292(b).” Int’l Refugee Assistance Project, 404 F. Supp. 3d at 950 (quoting Couch v. Telescope Inc., 611 F.3d 629, 633 (9th Cir. 2010)).
discussed Cited as authority (rule) Kevin Brian Dowling v. John E. Wetzel, et al.
M.D. Penn. · 2026 · confidence medium
Wash. July 14, 2022) (certifying for interlocutory appeal where Section 2254(e)(2) was deemed inapplicable). 25 Under the second element, “a substantial ground for difference of opinion exists where ‘the circuits are in dispute on the question and the court of appeals of the circuit has not spoken on the point, if complicated questions arise under foreign law, or if novel and difficult questions of first impression are presented.” Couch v. Telescope, Inc., 611 F.3d 629, 633 (9th Cir. 2010) (quoting Federal Procedure, Lawyers Edition § 3:212 (2010)).
discussed Cited as authority (rule) United States of America v. United States Territory of Guam and The Government of Guam Retirement Fund
D. Guam · 2026 · confidence medium
“Certification under § 1292(b) requires 13 the district court to expressly find in writing that all three § 1292(b) requirements are met.” Couch 14 v. Telescope Inc., 611 F.3d 629, 633 (9th Cir. 2010).
cited Cited as authority (rule) ADAM JOSEPHS v. AMENTUM SERVICES INC., et al.
D. Maryland · 2026 · confidence medium
Md. 2019) (quoting Couch v. Telescope Inc., 611 F.3d 629, 633 (9th Cir. 2010)).
discussed Cited as authority (rule) Emanuel McCray v. Microsoft Corporation (2×)
W.D. Wash. · 2025 · confidence medium
Couch v. Telescope Inc., 611 F.3d 629, 633 (9th Cir. 16 2010).
examined Cited as authority (rule) Darcey Duncan v. Richard Duncan, in his capacity as Chisago County Sheriff; and Chisago County (4×) also: Cited "see", Cited "see, e.g."
D. Minnesota · 2025 · confidence medium
The district court must then “examine to what extent the controlling law is unclear.” Couch v. Telescope Inc., 611 F.3d 629, 633 (9th Cir. 2010).
cited Cited as authority (rule) Dana McArthur, et al. v. Holland America Line Inc., et al.
W.D. Wash. · 2025 · confidence medium
Couch v. Telescope Inc., 611 F.3d 629, 633 (9th Cir. 22 2010).
discussed Cited as authority (rule) Sophia Lewis v. American Express Company (2×)
D. Ariz. · 2025 · confidence medium
Analysis 24 “To determine if a ‘substantial ground for difference of opinion’ exists under 25 § 1292(b), courts must examine to what extent the controlling law is unclear.” Couch v. 26 Telescope Inc., 611 F.3d 629, 633 (9th Cir. 2010).
discussed Cited as authority (rule) Bryan Hunter v. Azariea Almufleh (2×)
D. Or. · 2025 · confidence medium
“To determine if a ‘substantial ground for difference of opinion’ exists under § 1292(b), courts must examine to what extent the controlling law is unclear.” Couch v. Telescope Inc., 611 F.3d 629, 633 (9th Cir. 2010).
discussed Cited as authority (rule) Ricky Godfrey v. Dennis Trujillo, et al.
N.D. Cal. · 2025 · confidence medium
Cal. May 5, 2025) (quoting Couch v. Telescope Inc., 611 F.3d 629, 633 (9th Cir. 2010)). 10 Even so, “[a] substantial ground for difference of opinion exists where reasonable jurists might 11 disagree on an issue’s resolution, not merely where they have already disagreed.” Reese v. BP 12 Expl.
cited Cited as authority (rule) Tetra Tech EC, Inc. v. AIG Specialty Insurance Company
N.D. Cal. · 2025 · confidence medium
As AIG argues, “[t]hat settled law might be applied 15 differently does not establish a substantial ground for difference of opinion.” Couch v. Telescope 16 Inc., 611 F.3d 629, 633 (9th Cir. 2010).
discussed Cited as authority (rule) Dhillon v. 7-Eleven, Inc. (2×)
S.D. Cal. · 2025 · confidence medium
Couch v. Telescope, 611 F.3d 629, 633 (9th Cir. 2010). 26 Courts traditionally will find that a substantial ground for difference of opinion exists 27 where novel and difficult questions of first impression exist.
cited Cited as authority (rule) In re Seagate Technology Holdings plc Securities Litigation
N.D. Cal. · 2025 · confidence medium
Couch v. Telescope Inc., 611 F.3d 629, 633 (9th Cir. 2010).
discussed Cited as authority (rule) LaRock v. ZoomInfo Technologies LLC
W.D. Wash. · 2025 · confidence medium
“For 7 example, this prong is satisfied if ‘the circuits are in dispute on the question and the court of appeals 8 of the circuit has not spoken on the point, if complicated questions arise under foreign law, or if 9 novel and difficult questions of first impression are presented.’” Id. (quoting Couch v. Telescope 10 Inc., 611 F.3d 629, 633 (9th Cir. 2010)).
cited Cited as authority (rule) (PC) Jace v. Lirones
E.D. Cal. · 2025 · confidence medium
Couch v. 24 Telescope, Inc., 611 F.3d 629, 633 (9th Cir. 2010) (citing 28 U.S.C. § 1292 (b)).
cited Cited as authority (rule) Saxton v. County of Sonoma
N.D. Cal. · 2025 · confidence medium
Couch v. Telescope Inc., 611 F.3d 629, 633 (9th Cir. 2010).
discussed Cited as authority (rule) Wright v. City of San Diego (2×) also: Cited "see"
S.D. Cal. · 2025 · confidence medium
Therefore, because Defendants’ question for 18 certification on appeal was not addressed by the Court, it DENIES Defendants’ motion to 19 for certification of interlocutory appeal. 20 To the extent Defendants may also be arguing that statistical data can never be 21 used to support a Monell allegation of deliberate indifference against the City on a Rule 22 12(b)(6) motion, the Court addresses that issue. 23 Discussion 24 A. Legal Standard for Certification of Interlocutory Appeal 25 Under the final judgment rule, a court of appeal has jurisdiction over appeals from 26 all final decisions …
cited Cited as authority (rule) Gerber v. Twitter, Inc.
N.D. Cal. · 2025 · confidence medium
Couch v. Telescope Inc., 611 F.3d 629, 633 (9th Cir. 1 See Swint v. Chambers County Comm’n, 514 U.S. 35, 47 (1995). 2 III.
discussed Cited as authority (rule) Schnupp v. Blair Pharmacy, Inc.
D. Maryland · 2025 · confidence medium
The second requirement of § 1292(b) pertains to “substantial ground for difference of opinion.” For purposes of the second element, courts find substantial grounds for difference of opinion “where ‘the circuits are in dispute on the question and the court of appeals of the circuit has not spoken on the point, if complicated questions arise under foreign law, or if novel and difficult questions of first impression are presented.’” Couch v. Telescope Inc., 611 F.3d 629, 633 (9th Cir. 2010) (citation omitted); see also Bush v. Adams, 629 F. Supp. 2d 468, 478 (E.D.
discussed Cited as authority (rule) Sweidy v. Spring Ridge Academy (2×) also: Cited "see"
D. Ariz. · 2025 · confidence medium
Controlling questions of law may include such “fundamental” questions 21 as “the determination of who are necessary and proper parties, whether a court to which a 22 cause has been transferred has jurisdiction, or whether state or federal law shall be applied.” 23 United States v. Woodbury, 263 F.2d 784, 787 (9th Cir. 1959). 24 As to the “substantial grounds” prong, “[c]ourts traditionally will find that a 25 substantial ground for difference of opinion exists where ‘the circuits are in dispute on the 26 question and the court of appeals of the circuit has not spoken on the poi…
discussed Cited as authority (rule) Keystone Auto. Operations, Inc. v. United States
Ct. Intl. Trade · 2025 · confidence medium
“To determine if a ‘substantial ground for difference of opinion’ exists under § 1292(b), courts must examine to what extent the controlling law is unclear.” Couch v. Telescope Inc., 611 F.3d 629, 633 (9th Cir. 2010).
cited Cited as authority (rule) Murphy v. Bayer Healthcare Pharmaceuticals, Inc.
D. Maryland · 2025 · confidence medium
Md. 2019) (quoting Couch v. Telescope Inc., 611 F.3d 629, 633 (9th Cir. 2010)).
discussed Cited as authority (rule) Brooks v. Greystar Real Estate Partners, LLC (2×) also: Cited "see"
S.D. Cal. · 2025 · confidence medium
Oppo. at 8, 10. 13 “To determine if a ‘substantial ground for difference of opinion’ exists under 14 § 1292(b), courts must examine to what extent the controlling law is unclear.” Couch v. 15 Telescope Inc., 611 F.3d 629, 633 (9th Cir. 2010).
cited Cited as authority (rule) Lacks v. Ultragenyx Pharmaceutical, Inc
D. Maryland · 2025 · confidence medium
Md. 2019) (quoting Couch v. Telescope Inc., 611 F.3d 629, 633 (9th Cir. 2010)).
cited Cited as authority (rule) Bradley v. Dentalplans.com
D. Maryland · 2024 · confidence medium
Jan. 13, 2021) (citing Couch v. Telescope Inc., 611 F.3d 629, 633 (9th Cir. 2010)).
discussed Cited as authority (rule) Shilling v. County of San Diego
S.D. Cal. · 2024 · confidence medium
Couch v. 12 Telescope Inc., 611 F.3d 629, 633 (9th Cir. 2010). 13 “Section 1292(b) is a departure from the normal rule that only final judgments are 14 appealable, and therefore must be construed narrowly.” James v. Price Stern Sloan, Inc., 15 283 F.3d 1064 , 1068 n.6 (9th Cir. 2002).
discussed Cited as authority (rule) Wang v. Zymergen Inc. (2×)
N.D. Cal. · 2024 · confidence medium
They seek review of the following questions: 16 1) When an amended complaint adds a claim against a previously dismissed defendant 17 after the limitations period has run, must the timeliness of the claim be assessed 18 under Rule 15(c)(1)(C), which governs claims against a party “brought in by 19 amendment,” or may it be assessed under Rule 15(c)(1)(B) on the theory that the 20 defendant remained a party despite the dismissal? 21 2) When an amended complaint adds a claim against a new defendant—as opposed to 22 substituting for, or correcting the name of, an existing defendant—after t…
cited Cited as authority (rule) Brady v. Walmart Inc
D. Maryland · 2024 · confidence medium
Md. 2019) (quoting Couch v. Telescope Inc., 611 F.3d 629, 633 (9th Cir. 2010)).
cited Cited as authority (rule) Mease v. DCS Financial Inc
W.D. Wash. · 2024 · confidence medium
Couch v. Telescope Inc., 611 F.3d 629, 633 (9th Cir. 21 2010). 22 B.
cited Cited as authority (rule) United States v. Bryan
E.D. Cal. · 2024 · confidence medium
See 28 U.S.C. § 1292 (b); 22 Couch v. Telescope, Inc., 611 F.3d 629, 633 (9th Cir. 2010).
discussed Cited as authority (rule) Dees v. Hood
D. Colo. · 2024 · confidence medium
“To determine if a ‘substantial ground for difference of opinion’ exists under § 1292(b), courts must examine to what extent the controlling law is unclear.” Couch v. Telescope Inc., 611 F.3d 629, 633 (9th Cir. 2010) (citation omitted).
discussed Cited as authority (rule) Jones v. Target Corporation
D. Or. · 2024 · confidence medium
“For example, this prong is satisfied if ‘the circuits are in dispute on the question and the court of appeals of the circuit has not spoken on the point, if complicated questions arise under foreign law, or if novel and difficult questions of first impression are presented.’” ICTSI, 22 F.4th at 1130 (quoting Couch v. Telescope Inc., 611 F.3d 629, 633 (9th Cir. 2010)).
Retrieving the full opinion text from the archive…
Darlene COUCH, and All Others Similarly Situated, Plaintiff-Appellee,
v.
TELESCOPE INC.; American Idol Productions Inc.; Project Support Team Inc.; Fremantlemedia North America Inc.; 19 Entertainment Inc.; CKX Inc.; Fox Broadcasting Company; Fox Interactive Media Inc., Defendants-Appellants; Karen Herbert, and All Others Similarly Situated; Judy Schenker; Jodi Eberhart; Cheryl Bentley, and All Others Similarly Situated, Plaintiffs-Appellees, v. Endemol USA Inc; NBC Universal, Inc.; Verisign, Inc.; M-Qube, Inc.; Don Jagoda Associates, Inc., Defendants-Appellants
08-56357, 08-56360.
Court of Appeals for the Ninth Circuit.
Jul 8, 2010.
611 F.3d 629
2010 U.S. App. LEXIS 13937
2010 WL 2681306
Jeff S. Westerman, Sabrina S. Kim, Michiyo Michelle Furukawa, and Andrew J. Sokolowski of Milberg LLP (Los Angeles, CA); Michael C. Spencer of Milberg LLP, New York, NY; Paul R. Kiesel of Kiesel Boucher & Larson LLP, Beverly Hills, CA; Kevin T. Moore of Kevin T. Moore Law Offices, Atlanta, GA; and William A. Pannell, Atlanta, GA, for plaintiff-appellees Darlene Couch et al., Chad S. Hummel, Brad W. Selling, and Joanna S. McCallum of Manatt, Phelps & Phillips, LLP, Los Angeles, CA, for defendant-appellants NBC Universal, Inc. et al., Patricia L. Glaser of Glaser, Weil, Fink, Jacobs, Howard & Shapiro, LLP, Los Angeles, CA, for defendant-appellant Endemol USA, Inc., Ronald L. Johnston and Angel L. Tang of Arnold & Porter LLP, Los Angeles, CA, for defendant-appellant Verisign, Inc. and M-Qube, Inc.
Kozinski, Trott, Wardlaw.
Cited by 252 opinions  |  Published
Pinpoint authority: bottom 56%
WARDLAW, Circuit Judge:

These consolidated interlocutory appeals arise from the district court’s denial of defendants’ Rule 12(b)(6) motion to dismiss consolidated putative class actions. The district court ruled that the complaint stated a claim that defendants conducted an illegal lottery under California Penal Code § 319 and thereby violated California’s unfair business practices law, Cal. Bus. & Prof.Code § 17200. Disagreeing vehemently with this ruling, but citing no California law undermining the district court’s holding, defendants sought certification under 28 U.S.C. § 1292(b). The district court concluded that there was no substantial ground for difference of opinion as to its ruling but certified a set of limited questions to us anyway in the “interests of comity” and for the sole purpose of facilitating certification to the California Supreme Court. Because the district court concluded that there is no substantial ground for difference of opinion, an essential requirement for § 1292(b) certification, we vacate our prior order granting permission to appeal and dismiss these appeals for lack of jurisdiction.

I.

During broadcasts of the hit television programs “American Idol” and “Deal or No Deal,” viewers had the opportunity to participate in two cash giveaways (the “Games”). [1] Defendants, [2] the promoters and administrators of the Games, ran commercials during each television broadcast inviting viewers to enter the Games for a chance to win cash prizes. In the “American Idol Challenge,” viewers were posed a trivia question about the wildly popular “American Idol” show. In the “Lucky Case” game, viewers of “Deal or No Deal” were shown numbered briefcases and asked to choose the briefcase corresponding to a winning number. For both Games, viewers could enter the drawing by submitting the correct answer within twenty-four hours, either through a text mes[*632] sage for a ninety-nine cent fee (in addition to standard text messaging fees imposed by the viewer’s wireless carrier) or through the internet at no charge. Viewers were allowed up to ten entries, and, for each correct submission, the viewer entered a drawing, from which the eventual winner was chosen at random.

The named plaintiffs, Darlene Couch, Karen Herbert, Judy Schenker, Jodi Eberhart, and Cheryl Bentley (“plaintiffs”), entered the Games but did not win a prize. Unsuccessful but undaunted, they turned to the high-stakes world of class action litigation. Seeking to represent a class of all individuals who paid the ninety-nine cent text message fee to enter the Games but lost, plaintiffs filed suit in federal court, claiming that the Games are an illegal lottery under California Penal Code § 319 and thus constitute unfair business practices. [3] Under California law, an illegal lottery has three elements: (1) distribution of a prize, (2) based on chance, (3) to an individual who has paid valuable consideration. Cal. Gasoline Retailers v. Regal Petroleum Corp., 50 Cal.2d 844, 853-44, 330 P.2d 778 (1958); see also Cal.Penal Code § 319.

Defendants moved to dismiss plaintiffs’ class action on the basis that the third element-consideration-was missing because the Games had a free method of entry (the internet) available to all participants. Relying on the four leading California lottery cases, People v. Shira, 62 Cal.App.3d 442, 133 Cal.Rptr. 94 (1976); Cal. Gasoline Retailers, 50 Cal.2d 844, 330 P.2d 778; People v. Carpenter, 141 Cal.App.2d 884, 297 P.2d 498 (1956); and People v. Cardas, 28 P.2d 99, 137 Cal.App.Supp. 788 (1933), and finding no California law to the contrary, the district court denied the motion.

The court then granted defendants’ motion to certify its order for interlocutory appeal pursuant to 28 U.S.C. § 1292(b) even though it expressly concluded that the jurisdictional predicate of a substantial ground for difference of opinion didn’t exist. Finding instead that certification was warranted “in the interests of comity,” it certified a set of questions for the “limited purpose” of having us certify them to the California Supreme Court. Although a two-judge motions panel of our court granted defendants’ application to pursue these appeals, we are not bound by this decision. “Although we give deference to the ruling of the motions panel, we have an independent duty to confirm that our jurisdiction is proper.” Kuehner v. Dickinson & Co., 84 F.3d 316, 318-19 (9th Cir.1996).

II.

Federal courts “have only the power that is authorized by Article III of the Constitution and the statutes enacted by Congress pursuant thereto.” Bender v. Williamsport Area Sch. Dist., 475 U.S. 534, 541, 106 S.Ct. 1326, 89 L.Ed.2d 501 (1986). Therefore, we have a special obligation to satisfy ourselves of our jurisdiction even where, as here, the parties do not contest it. Id. Under the final judgment rule embodied in 28 U.S.C. § 1291, the courts of appeal have jurisdiction over “appeals from all final decisions of the district courts of the United States.” Thus, parties may appeal only from orders which “ ‘end[ ] the litigation on the merits and leave[ ] nothing for the court to do but execute the judgment.’ ” Romoland Sch. Dist. v. Inland Empire Energy Ctr., 548 F.3d 738, 747 (9th Cir.2008) (quoting Coo[*633] pers & Lybrand v. Livesay, 437 U.S. 463, 467, 98 S.Ct. 2454, 57 L.Ed.2d 351 (1978)).

Defendants invoke the narrow exception to the final judgment rule embodied in 28 U.S.C. § 1292(b), which provides:

When a district judge, in making in a civil action an order not otherwise appealable under this section, shall be of the opinion that such order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation, he shall so state in writing in such order.

Because “[t]he requirements of § 1292(b) are jurisdictional,” if this appeal “does not present circumstances satisfying the statutory prerequisites for granting certification, this court cannot allow the appeal.” Union County v. Piper Jaffray & Co., 525 F.3d 643, 645-46 (8th Cir.2008) (per curiam) (internal quotation marks omitted). Thus, “we must determine whether the district court has properly found that the certification requirements of the statute have been met,” In re Cement Antitrust Litigation, 673 F.2d 1020, 1026 (9th Cir. 1982), and the party pursuing the interlocutory appeal bears the burden of so demonstrating, see McFarlin v. Conseco Servs., LLC, 381 F.3d 1251, 1264 (11th Cir.2004).

A.

We agree with the district court’s conclusion that the defendants have failed to establish the requisite substantial ground for difference of opinion. Certification under § 1292(b) requires the district court to expressly find in writing that all three § 1292(b) requirements are met. Therefore, the question of law should not have been certified, and the certification order is jurisdietionally defective. [4]

To determine if a “substantial ground for difference of opinion” exists under § 1292(b), courts must examine to what extent the controlling law is unclear. Courts traditionally will find that a substantial ground for difference of opinion exists where “the circuits are in dispute on the question and the court of appeals of the circuit has not spoken on the point, if complicated questions arise under foreign law, or if novel and difficult questions of first impression are presented.” 3 Federal Procedure, Lawyers Edition § 3:212 (2010) (footnotes omitted). However, “just because a court is the first to rule on a particular question or just because counsel contends that one precedent rather than another is controlling does not mean there is such a substantial difference of opinion as will support an interlocutory appeal.” Id. (footnotes omitted).

The district court correctly held that “[a] party’s strong disagreement with the Court’s ruling is not sufficient for there to be a ‘substantial ground for difference.’ ” That settled law might be applied differently does not establish a substantial ground for difference of opinion. See, e.g., Bush v. Adams, 629 F.Supp.2d 468, 475 (E.D.Pa.2009); Hansen v. Schubert, 459 F.Supp.2d 973, 1000 (E.D.Cal.2006); Judicial Watch, Inc. v. Nat’l Energy Policy Dev. Group, 233 F.Supp.2d 16, 19-20 (D.D.C.2002). Significantly, defendants have not provided a single case that conflicts with the district court’s construction or application of California Penal Code § 319. See Union County, 525 F.3d at 647[*634] (“ ‘While identification of a sufficient number of conflicting and contradictory opinions would provide substantial ground for disagreement,’ the County offered no such Iowa opinions, statutes or rules, and ‘a dearth of cases’ does not constitute ‘substantial ground for difference of opinion.’ ” (quoting White v. Nix, 43 F.3d 374, 378 (8th Cir.1994))).

The district court also correctly concluded that the 2005 advisory opinion from the California Attorney General’s Division of Gambling Control addressing “jackpot poker” failed to demonstrate a substantial ground for difference of opinion. The advisory opinion does not provide the factual context of the underlying game in question, making meaningful analysis and comparison impossible. More fundamentally, the presence of a single, non-binding, advisory opinion by a division of the California Attorney General’s office is not a “substantial” ground for disagreement as to the controlling law.

Nor does the fact that no California court has addressed the precise questions at issue satisfy the requirement of a substantial ground for disagreement, as the district court properly recognized. It is well settled that “the mere presence of a disputed issue that is a question of first impression, standing alone, is insufficient to demonstrate a substantial ground for difference of opinion.” In re Flor, 79 F.3d 281, 284 (2d Cir.1996); see also Union County, 525 F.3d at 647 (holding that a “dearth of cases” does not give rise to a substantial ground for difference of opinion).

Having concluded that its legal ruling did not present a legal question on which there is a substantial ground for difference of opinion, the district court erred by certifying its order for § 1292(b) interlocutory review. Consequently, we lack jurisdiction to entertain these appeals. See In re Cement, 673 F.2d at 1026.

B.

The district court improperly relied upon the “interests of comity” in ploughing on to certify the appeals. The “interests of comity” is not one of our statutory bases for jurisdiction over less than final judgments. In point of fact, § 1292(b) certification does not further the interests of comity-it merely trades one federal forum for another. Federal rulings on state-law issues generally don’t affect the state’s law. See People v. Ponce, 173 Cal.App.4th 378, 92 Cal.Rptr.3d 667, 672 (2009) (“We ... ‘are not bound by the decisions of the lower federal courts even on federal questions.’ ”) (quoting People v. Bradley, 1 Cal.3d 80, 86, 81 Cal.Rptr. 457, 460 P.2d 129 (1969)). And while we-unlike the district court-can certify questions of California state law to the California Supreme Court, see Cal. R. Ct. 8.548 (“On request from the United States Supreme Court, a United States Court of Appeals, or the court of last resort of any state, territory, or commonwealth, the Supreme Court may decide a question of California Law if: (1) The decision could determine the outcome of a matter pending in the requesting court; and (2) There is no controlling precedent.”), we invoke the certification process only after careful consideration and do not do so lightly. See Bremen v. Cohen, 325 F.3d 1035, 1037 (9th Cir.2003). The district court attempted to bypass this fact by certifying these appeals for the “limited purpose” of having us certify certain questions to the California Supreme Court. However, § 1292(b) does not permit “limited purpose” certification. Rather, when an order is certified for appellate review, “appellate jurisdiction applies to the order certified ... and is not tied to the particular question formulated by the district court.” Yamaha Motor [*635] Corp., U.S.A. v. Calhoun, 516 U.S. 199, 205, 116 S.Ct. 619, 133 L.Ed.2d 578 (1996). A district court confronting a motion to certify pursuant to § 1292(b) should remain focused on the statutory requirements, not policy considerations which may or may not be furthered by certification.

III.

Because the district court expressly, and correctly, found that defendants had failed to demonstrate a substantial ground for difference of opinion, we VACATE our orders granting permission to appeal, DISMISS these appeals for lack of jurisdiction, and REMAND to the district court.

1

. These appeals involve only the "American Idol” and "Deal or No Deal” games. Ten additional cases challenging similar giveaway drawings have been stayed by the district court pending the outcome of these appeals.

2

. Defendants in Case No. 08-56357 are Telescope Inc., American Idol Productions, Inc., Project Support Team, Inc., Fremantlemedia North America, Inc., 19 Entertainment, Inc., CKX, Inc., Fox Broadcasting Company, Fox Interactive Media, Inc. Defendants in Case No. 08-56360 are Endemol USA, Inc., NBC Universal, Inc., Verisign, Inc., M-QUBE, Inc., and Don Jagoda Associates, Inc.

3

. They also claim that the Games violate Connecticut General Statute § 52-554 on the ground that the “American Idol Challenge” is illegal gambling under that law. The certification order does not involve this claim.

4

. We discuss the reasons the district court correctly concluded that no "substantial ground for difference of opinion” existed because of the dearth of authority in the area and to dispose of defendants' contentions that § 1292(b)'s third prong has been met.