Caraballo-Seda v. Mun. of Hormigueros, 395 F.3d 7 (1st Cir. 2005). · Go Syfert
Caraballo-Seda v. Mun. of Hormigueros, 395 F.3d 7 (1st Cir. 2005). Cases Citing This Book View Copy Cite
76 citation events (76 in the last 25 years) across 12 distinct courts.
Strongest positive: Paul Migliaccio v. Ally Bank (med, 2025-11-13)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 42 distinct citers. How cited ↗
discussed Cited as authority (rule) Paul Migliaccio v. Ally Bank
D. Me. · 2025 · confidence medium
However, “interlocutory certification under 28 U.S.C. § 1292 (b) should be used sparingly and only in exceptional circumstances, and where the proposed intermediate appeal presents one or more difficult and pivotal questions of law not settled by controlling authority.” Caraballo-Seda v. Mun. of Hormigueros, 395 F.3d 7, 9 (1st Cir. 2005) (quoting Palandjian v. Pahlavi, 782 F.2d 313, 314 (1st Cir. 1986)).
discussed Cited as authority (rule) Chris Watkins, Eric Day, Global Lease Group Inc., Prudhvi Samudrala, William Wilson, Karen Kyutukyan, Rajeev Talreja, Giorgio Petruzzielo, Drew Talreja, Kris Nathan, Eduard Chenette, Walid Yassir, and Varsha Luthra, on behalf of themselves and all others similarly situated v. Elon R. Musk, individually and in his capacity as Trustee of the Elon Musk Revocable Trust Dated July 22, 2003
D. Mass. · 2025 · confidence medium
This statute authorizes a district court to permit an interlocutory appeal from “an order (1) ‘involv[ing] a controlling question of law,’ (2) ‘as to which there is substantial ground for difference of opinion,’ and (3) for which ‘an immediate appeal from the order may materially advance the ultimate termination of the litigation.’” Caraballo-Seda v. Municipality of Hormigueros, 395 F.3d 7, 9 (1st Cir. 2005) (alteration in original) (quoting 28 U.S.C. § 1292 (b)).
discussed Cited as authority (rule) American Corporate Tax Attorneys and Tax Accountants, P.C. v. Dahar
D.N.H. · 2025 · confidence medium
“Interlocutory appeals under § 1292(b) require an order (1) involving a controlling question of law, (2) as to which there is substantial ground for difference of opinion, and (3) for which an immediate appeal from the order may materially advance the ultimate termination of the litigation.” Carabello-Seda v. Mun. of Hormiguero, 395 F.3d 7, 9 (1st Cir. 2005) (cleaned up).
discussed Cited as authority (rule) Foistner v. Dahar
D.N.H. · 2025 · confidence medium
“Interlocutory appeals under § 1292(b) require an order (1) involving a controlling question of law, (2) as to which there is substantial ground for difference of opinion, and (3) for which an immediate appeal from the order may materially advance the ultimate termination of the litigation.” Carabello-Seda v. Mun. of Hormiguero, 395 F.3d 7, 9 (1st Cir. 2005) (cleaned up).
discussed Cited as authority (rule) Bank of New York Mellon v. Frangos
D.N.H. · 2025 · confidence medium
“Interlocutory appeals under § 1292(b) require an order (1) involving a controlling question of law, (2) as to which there is substantial ground for difference of opinion, and (3) for which an immediate appeal from the order may materially advance the ultimate termination of the litigation.” Carabello-Seda v. Mun. of Hormiguero, 395 F.3d 7, 9 (1st Cir. 2005) (cleaned up).
discussed Cited as authority (rule) Conservation Law Foundation, Inc. v. Town of Barnstable, Massachusetts
D. Mass. · 2025 · confidence medium
The First Circuit has “repeatedly emphasized that ‘interlocutory certification under 28 U.S.C. § 1292 (b) should be used sparingly and only in exceptional circumstances,’” and “[a]s a general rule, [it does] not grant interlocutory appeals from a denial of a motion to dismiss.” Caraballo-Seda v. Mun. of Hormigueros, 395 F.3d 7, 9 (1st Cir. 2005) (quoting Palandjian v. Pahlavi, 782 F.2d 313, 314 (1st Cir. 1986)).
discussed Cited as authority (rule) United States v. McCord Corporation
D.N.H. · 2025 · confidence medium
Pursuant to 28 U.S.C. § 1292 (b), the court may certify an order for interlocutory appeal if the order (1) involves a controlling question of law (2) as to which there are grounds for a substantial difference of opinion; and (3) an immediate appeal would “materially advance the ultimate termination of the litigation.” Our court of appeals has emphasized that interlocutory certification under 28 U.S.C. § 1292 (b) “should be used sparingly and only in exceptional circumstances, and where the proposed intermediate appeal presents one or more difficult and pivotal questions of law not sett…
discussed Cited as authority (rule) United States of America, and State of New Hampshire Department of Environmental Services, Plaintiffs v. McCord Corporation, Defendant
D.N.H. · 2025 · confidence medium
Pursuant to 28 U.S.C. § 1292 (b), the court may certify an order for interlocutory appeal if the order (1) involves a controlling question of law (2) as to which there are grounds for a substantial difference of opinion; and (3) an immediate appeal would “materially advance the ultimate termination of the litigation.” Our court of appeals has emphasized that interlocutory certification under 28 U.S.C. § 1292 (b) “should be used sparingly and only in exceptional circumstances, and where the proposed intermediate appeal presents one or more difficult and pivotal questions of law not sett…
discussed Cited as authority (rule) Courtemanche v. Motorola Solutions, Inc.
D. Mass. · 2025 · confidence medium
“As a general rule, [the First Circuit] do[es] not grant interlocutory appeals from a denial of a motion to dismiss.” Caraballo-Seda v. Municipality of Hormigueros, 395 F.3d 7, 9 (1st Cir. 2005) (citation omitted).
discussed Cited as authority (rule) BEAN MAINE LOBSTER INC v. MONTEREY BAY AQUARIUM FOUNDATION
D. Me. · 2025 · confidence medium
MOTION TO CERTIFY FOR INTERLOCUTORY APPEAL A. Legal Standard Pursuant to 28 U.S.C. § 1292 (b), district courts may certify for interlocutory appeal matters: (1) that involve “a controlling question of law”; (2) “as to which there is substantial ground for difference of opinion”; and (3) for which “an immediate appeal from the order may materially advance the ultimate termination of the litigation.” See Caraballo-Seda v. Mun. of Hormigueros, 395 F.3d 7, 9 (1st Cir. 2005) (quoting 28 U.S.C. § 1292 (b)). “[A] question of law is ‘controlling’ if reversal of the district court�…
discussed Cited as authority (rule) UMB BANK v. GAUTHIER
D. Me. · 2024 · confidence medium
The First Circuit has interpreted § 1292(b) as imposing three requirements for an order: (1) it must involve “a controlling question of law”; (2) “as to which there is substantial ground for difference of opinion”; and (3) for which “an immediate appeal from the order may materially advance the ultimate termination of the litigation.” Caraballo-Seda v. Mun. of Hormigueros, 395 F.3d 7, 9 (1st Cir. 2005) (quoting 28 U.S.C. § 1292 (b)).
discussed Cited as authority (rule) SEC v. Gastauer
1st Cir. · 2024 · confidence medium
Moreover, this circuit has made clear that "[a]s a general rule, we do not grant interlocutory appeals from a denial of a motion to dismiss." Caraballo-Seda v. Municipality of Hormigueros, 395 F.3d 7, 9 (1st Cir. 2005); see also In re Zofran (Ondansetron) Prods.
discussed Cited as authority (rule) Empresas Stewart v. Central General de Trabajadores
D.P.R. · 2023 · confidence medium
In Caraballo-Seda v. Municipality of Hormigueros, the First Circuit indicated that “[a]s a general rule, [it] do[es] not grant interlocutory appeals from a denial of a motion to dismiss.” 395 F.3d 7, 9 (1st Cir. 2005).
cited Cited as authority (rule) IN RE: MAINE MARITIME MUSEUM
D. Me. · 2023 · confidence medium
June 26, 2019) (quoting Caraballo-Seda v. Mun. of Hormigueros, 395 F.3d 7, 9 (1st Cir. 2005)).
discussed Cited as authority (rule) Heng Ren Investments LP v. Sinovac Biotech Ltd. (2×)
D. Mass. · 2022 · confidence medium
Caraballo-Seda v. Municipality of Hormigueros, 395 F.3d 7, 9 (1st Cir. 2005) (dismissing order granting interlocutory appeal from order on motion to dismiss as improvidently granted and remanding to district court); see Toxics Action Ctr., Inc. v. Casella Waste Sys., 365 F. Supp. 3d 212, 214 (D.
discussed Cited as authority (rule) Industrial Specialists, Llc v. Blanchard Refining Company LLC and Marathon Petroleum Company Lp
Tex. · 2022 · confidence medium
See, e.g., ICTSI Or., Inc. v. Int’l Longshore & Warehouse Union, 22 F.4th 1125 , 1131–32 (9th Cir. 2022); Nice v. L-3 Commc’ns Vertex Aerospace, LLC, 885 F.3d 1308 , 1312–13 (11th Cir. 2018); Union County v. Piper Jaffray & Co., Inc., 525 F.3d 643 , 646–47 (8th Cir. 2008); Caraballo-Seda v. Municipality of Hormigueros, 395 F.3d 7, 9 (1st Cir. 2005); Ahrenholz v. Bd. of Trs. of Univ. of Ill., 219 F.3d 674 , 675–77 (7th Cir. 2000) (Posner, C.J.). 17 As we have frequently explained, a court’s discretionary decisions must not be “arbitrary” or “unreasonable” and must “adher…
discussed Cited as authority (rule) MCEWEN v. NATIONAL RIFLE ASSOCIATION OF AMERICA (2×)
D. Me. · 2022 · confidence medium
“Interlocutory certification under 28 U.S.C. § 1292 (b)” should be used sparingly and only in exceptional circumstances, and where the proposed intermediate appeal presents one or more difficult and pivotal questions of law not settled by controlling authority.” Caraballo-Seda v. Municipality Of Hormigueros, 395 F.3d 7, 9 (1st Cir. 2005). 1.
discussed Cited as authority (rule) Sullivan v. Selene Finance, LP
D. Mass. · 2021 · confidence medium
We have repeatedly emphasized that “interlocutory certification under 28 U.S.C. § 1292 (b) should be used sparingly and only in exceptional circumstances, and where the proposed intermediate appeal presents one or more difficult and pivotal questions of law not settled by controlling authority.” Caraballo-Seda v. Municipality of Hormigueros, 395 F.3d 7, 9 (1st Cir. 2005) (quoting Palandjian v. Pahlavi, 782 F.2d 313, 314 (1st Cir. 1986) (further citations omitted)); Waters v. Day & Zimmermann NPS, Inc., No. CV 19-11585-NMG, 2020 WL 4754984 , at **1-2 (D.
discussed Cited as authority (rule) Waters v. Day & Zimmermann NPS, Inc.
D. Mass. · 2020 · confidence medium
Motion to Certify Appeal A. Legal Standard District courts may certify an otherwise non-appealable order for interlocutory review by the Court of Appeals if the order (1) involves a controlling question of law (2) as to which there are grounds for a substantial difference of opinion and (3) an immediate appeal would materially advance the ultimate termination of the litigation. 28 U.S.C. § 1292 (b); Carabello- Seda v. Municipality of Hormigueros, 395 F.3d 7, 9 (1st Cir. 2005).
discussed Cited as authority (rule) J-Way Southern, Inc. v. United States Army Corps of Engineers
D. Mass. · 2020 · confidence medium
Such certification “should be used sparingly and only in exceptional circumstances, and where the proposed intermediate appeal presents one or more difficult and pivotal questions of law not settled by controlling authority.” Caraballo-Seda v. Municipality of Hormigueros, 395 F.3d 7, 9 (1st Cir. 2005) (citation omitted).
discussed Cited as authority (rule) Katz v. Liberty Power Corp., LLC
D. Mass. · 2019 · confidence medium
The First Circuit has “repeatedly emphasized that ‘interlocutory certification under 28 U.S.C. § 1292 (b) should be used sparingly and only in exceptional circumstances, and where the proposed intermediate appeal presents one or more difficult and pivotal questions of law not settled by controlling authority.’” Caraballo-Seda v. Municipality of Hormigueros, 395 F.3d 7, 9 (1st Cir. 2005) (quoting Palandjian v. Pahlavi, 782 F.2d 313, 314 (1st Cir. 1986)).
discussed Cited as authority (rule) Durand v. Goguen
D. Mass. · 2019 · confidence medium
And in any event, the First Circuit has held that “the fact that appreciable trial time may be saved is not determinative.” Caraballo-Seda v. Municipality Of Hormigueros, 395 F.3d 7, 9 (1st Cir. 2005) (internal quotations omitted).
discussed Cited as authority (rule) Boniface v. Viliena (2×) also: Cited "see"
D. Mass. · 2019 · confidence medium
The First Circuit has “repeatedly emphasized that ‘interlocutory certification under 28 U.S.C. § 1292 (b) should be used sparingly and only in exceptional circumstances, and where the proposed intermediate appeal presents one or more difficult and pivotal questions of law not settled by controlling authority.’” Caraballo-Seda v. Municipality of Hormigueros, 395 F.3d 7, 9 (1st Cir. 2005) (quoting Palandjian v. Pahlavi, 782 F.2d 313, 314 (1st Cir. 1986)).
discussed Cited as authority (rule) BOWLEN v. COLOPLAST A/S
W.D. Pa. · 2019 · confidence medium
Moreover, interlocutory appeals generally are not granted from denials of motions to dismiss because doing so would encourage “piecemeal litigation.” Caraballo-Seda v. Municipality of Hormigueros, 395 F.3d 7, 9 (1st Cir. 2005).
discussed Cited as authority (rule) Amphastar Pharmaceuticals, Inc. v. Momenta Pharmaceuticals, Inc.
D. Mass. · 2018 · confidence medium
Motion for Certification of an Interlocutory Appeal A. Legal Standard District courts may certify an otherwise non-appealable order for interlocutory review by the Court of Appeals if the order 1) involves a controlling question of law 2) as to which there are grounds for a substantial difference of opinion and 3) an immediate appeal would materially advance the ultimate termination of the litigation. 28 U.S.C. § 1292 (b); Carabello- Seda v. Municipality of Hormigueros, 395 F.3d 7, 9 (1st Cir. 2005).
discussed Cited as authority (rule) Meijer, Inc. v. Ranbaxy Inc.
D. Mass. · 2017 · confidence medium
Legal Analysis A. Legal Standard District courts may certify an otherwise non-appealable order for interlocutory review by the Court of Appeals if the order 1) involves a controlling question of law 2) as to which there are grounds for a substantial difference of opinion and 3) an immediate appeal would materially advance the ultimate termination of the litigation. 28 U.S.C. § 1292 (b); Caraballo-Seda v. Municipality Of Hormigueros, 395 F.3d 7, 9 (1st Cir. 2005).
discussed Cited as authority (rule) Atrion Networking Corp. v. Marble Play, LLC
D.R.I. · 2014 · confidence medium
The First Circuit has wisely cautioned the district courts that “interlocutory certification under 28 U.S.C. § 1292 (b) should be used sparingly and only in exceptional circumstances.... ” Caraballo-Seda v. Municipality of Hormigueros, 395 F.3d 7, 9 (1st Cir.2005) (citations omitted).
discussed Cited as authority (rule) Poole v. Mackey
D.R.I. · 2013 · confidence medium
The First Circuit has consistently resisted entertaining interlocutory appeals, writing that they “should be used sparingly and only in exceptional circumstances ...” Caraballo-Seda v. Municipality of Hormigueros, 395 F.3d 7, 9 (1st Cir.2005).
examined Cited as authority (rule) United States v. Sampson (4×) also: Cited "see"
D. Mass. · 2012 · confidence medium
In finding that the requirements of § 1292(b) have been met, the court understands that interlocutory certification “should be used sparingly and only in exceptional circumstances, and where the proposed immediate appeal presents one or more difficult and pivotal questions- of law not settled by controlling authority.” Caraballo-Seda, 395 F.3d at 9 (internal quotations omitted); see McGillicuddy v. Clements, 746 F.2d 76 , 76 n. 1 (1st Cir. 1984).
discussed Cited as authority (rule) In Re Blood Reagents Antitrust Litigation
E.D. Pa. · 2010 · confidence medium
As a general rule, appellate courts do not grant interlocutory appeals from a motion to dismiss because it encourages “piecemeal litigation.” Caraballo-Seda v. Municipality of Hormigueros, 395 F.3d 7, 9 (1st Cir. 2005). 7 Because certification would not “materially advance the ultimate termination of the litigation,” it is unnecessary to examine whether the Court’s Order denying defendants’ motions to dismiss satisfies the other requirements of § 1292(b).
discussed Cited as authority (rule) Skinner v. Salem School District
D.N.H. · 2010 · confidence medium
Certification, however, "should be used sparingly and only in exceptional circumstances, and where the proposed intermediate appeal presents one or more difficult and pivotal guestions of law not settled by controlling authority." Caraballo-Seda v. Municip. of Hormigueros, 395 F.3d 7, 9 (1st Cir. 2005) (guotation omitted).
discussed Cited as authority (rule) Skinner v. Salem School District
D.N.H. · 2010 · confidence medium
Certification, however, “should be used sparingly and only in exceptional circumstances, and where the proposed intermediate appeal presents one or more difficult and pivotal questions of law not settled by controlling authority.” Caraballo-Seda v. Municip. of Hormigueros, 395 F.3d 7, 9 (1st Cir.2005) (quotation omitted).
discussed Cited as authority (rule) United States v. Rivera-Mercado (2×)
D.P.R. · 2010 · confidence medium
The matter at hand fails to constitute an issue of “controlling question of law” involving “substantial ground for difference of opinion,” which would “advance the ultimate termination of litigation.” Caraballo-Seda v. Municipality of Hormigueros, 395 F.3d 7, 9 (1st Cir.2005) (citing 28 U.S.C. 1292(b)).
cited Cited as authority (rule) Dahl v. Bain Capital Partners, LLC
D. Mass. · 2009 · confidence medium
Caraballo-Seda v. Municipality of Hormigueros, 395 F.3d 7, 9 (1st Cir.2005).
cited Cited as authority (rule) United States Ex Rel. McDermott v. Genentech, Inc.
D. Me. · 2007 · confidence medium
Caraballo-Seda v. Municipality of Hormigueros, 395 F.3d 7, 9 (1st Cir.2005).
discussed Cited "see" Waters v. Day & Zimmermann NPS, Inc. (2×)
1st Cir. · 2022 · signal: see · confidence high
See Caraballo-Seda v. Municipality of Hormigueros, 395 F.3d 7, 8 (1st Cir. 2005) (acknowledging "our general rule prohibiting interlocutory appeals from the denial of a motion to dismiss").
cited Cited "see" Toxics Action Center, Inc. v. Casella Waste Systems, Inc.
D. Mass. · 2019 · signal: see · confidence high
See Caraballo-Seda v. Municipality of Hormigueros, 395 F.3d 7, 8 (1st Cir. 2005).
cited Cited "see" Toxics Action Ctr., Inc. v. Casella Waste Sys., Inc.
D.D.C. · 2019 · signal: see · confidence high
See Caraballo-Seda v. Municipality of Hormigueros, 395 F.3d 7 , 8 (1st Cir. 2005).
discussed Cited "see" Trustees of Boston University v. Everlight Electronics Co.
D. Mass. · 2016 · signal: see · confidence high
Interlocutory appeals under § 1292(b) require an order that (1) “involves a controlling question of law,” (2) “as to which there is substantial ground for difference of opinion,” and (3) as to which “an immediate appeal from the order may materially advance the ultimate termination of the litigation.” Id.; see Caraballo-Seda v. Mun. of Hormigueros, 395 F.3d 7, 9 (1st Cir.2005).
cited Cited "see, e.g." Andrew Flood v. Charles Ball, et al.
D. Me. · 2026 · signal: see also · confidence low
See Manuel v. City of Joliet, Ill., 580 U.S. 357, 367 (2017); see also Pena-Borrero v. Estremeda, 395 F.3d 7 , 12 n.8 (1st Cir. 2004).
discussed Cited "see, e.g." Bailey v. United States (In re Bailey)
1st Cir. BAP · 2018 · signal: see also · confidence low
Corp., 218 B.R. at 653 (quoting McGillicuddy v. Clements , 746 F.2d 76 , 76 n.1 (1st Cir. 1984), and citing In re San Juan Dupont Plaza Hotel Fire Litig. , 859 F.2d at 1010 n.1 ); see also Caraballo-Seda v. Municipality of Hormigueros , 395 F.3d 7 , 9 (1st Cir. 2005) ; Watson v. Boyajian (In re Watson) , 309 B.R. 652 , 660 (1st Cir. BAP 2004).
cited Cited "see, e.g." Kellogg USA, Inc. v. B. Fernandez Hermanos, Inc.
D.P.R. · 2007 · signal: see, e.g. · confidence medium
See, e.g., Caraballo-Seda v. Municipality of Hormigueros, 395 F.3d 7, 9 (1st Cir.2005).
Retrieving the full opinion text from the archive…
Erick CARABALLO-SEDA, Et Al., Plaintiffs, Appellees,
v.
MUNICIPALITY OF HORMIGUEROS, Et Al., Defendants, Appellants; Edna S. Delgado-Greo, Et Al., Plaintiffs, Appellees, v. Marcelo Trujillo, Et Al., Defendants, Appellants
03-2568, 03-2569.
Court of Appeals for the First Circuit.
Jan 12, 2005.
395 F.3d 7
Gina Ismalia Gutiérrez-Galang, with whom Law Offices of Pedro E. Ortiz-Álva-rez, PSC, was on brief, for appellants., Pablo R. Landrau-Pirazzi, with whom Aldarondo & López-Bras, was on brief, for appellees.
Torruella, Lipez, Howard.
Cited by 45 opinions  |  Published
TORRUELLA, Circuit Judge.

Defendants appeal from interlocutory judgments denying their motions to dismiss for lack of jurisdiction. The district court certified for interlocutory appeal, pursuant to 28 U.S.C. § 1292(b), the issue of whether the Workforce Investment Act (‘WIA”), 29 U.S.C. §§ 2801-2945, requires plaintiffs to exhaust administrative remedies before bringing a claim under 42 U.S.C. § 1983 for violation of their First Amendment rights. Since we see no reason to depart from our general rule prohibiting interlocutory appeals from the denial of a motion to dismiss, we vacate the order allowing the interlocutory appeal as improvidently granted.

I. Background

Defendants in this case are non-profit partnerships between neighboring municipalities in Puerto Rico; these partnerships — or consortiums, as they are termed — are overseen by the municipalities’ mayors and administered by various executive officers, all of whom are also defendants. The consortiums operate under WIA, the purpose of which is “to provide workforce investment activities, through statewide and local workforce investment systems, that increase the employment, retention, and earnings of participants, and increase occupational skill attainment by participants, and, as a result, improve the quality of the workforce [and] reduce welfare dependency.” 29 U.S.C. § 2811. The consortiums employ administrative staff (“plaintiffs”) on a one-year contract basis to provide services to WIA program beneficiaries.

As a result of the November 7, 2000 general election, the consortiums underwent a shift in political power, from the New Progressive Party (“NPP”) to the Popular Democratic Party (“PDP”). Following these events, defendants discharged plaintiffs’ contracts with the consortiums.

Plaintiffs subsequently sued under § 1983, the First and Fourteenth Amendments of the U.S. Constitution, and Puerto Rico law, alleging that political discrimination spurred these personnel decisions. Defendants moved to dismiss for lack of subject matter jurisdiction, arguing that WIA precludes § 1983 claims because WIA provides the exclusive administrative procedure for discrimination claims.

The court denied defendants’ motions to dismiss, holding that Congress did not expressly or implicitly intend to foreclose § 1983 claims under WIA. Caraballo Seda v. Rivera, 306 F.Supp.2d 108 (D.P.R.2004); see also Delgado Greo v. Trujillo, 270 F.Supp.2d 189 (D.P.R.2003). [1] The court, however, granted defendants’ motion for certification of interlocutory appeal pursuant to 28 U.S.C. § 1292(b) on this determination. The court’s order stated that this issue “involves a question of law as to which there is substantial ground for difference of opinion,” and that an immediate appeal “may materially advance the ultimate determination of the litigation.” This Court granted defendants’ petition to[*9] hear the discretionary appeal on November 18, 2003, and for the reasons set forth below, we vacate that order.

II. Analysis

Interlocutory appeals under § 1292(b) require an order (1) “involving] a controlling question of law,” (2) “as to which there is substantial ground for difference of opinion,” and (3) for which “an immediate appeal from the order may materially advance the ultimate termination of the litigation.” 28 U.S.C. § 1292(b). We have repeatedly emphasized that “interlocutory certification under 28 U.S.C. § 1292(b) should be used sparingly and only in exceptional circumstances, and where the proposed intermediate appeal presents one or more difficult and pivotal questions of law not settled by controlling authority.” Palandjian v. Pahlavi, 782 F.2d 313, 314 (1st Cir.1986) (quoting McGillicuddy v. Clements, 746 F.2d 76 n. 1 (1st Cir.1984) (citing In re Heddendorf, 263 F.2d 887, 888-89 (1st Cir.1959))).

As a general rule, we do not grant interlocutory appeals from a denial of a motion to dismiss. McGillicuddy, 746 F.2d at 76 n. 1. In McGillicuddy, a case involving a denial of a motion to dismiss a multi-count complaint, we held that the district court should not have considered the interlocutory appeal in the first place: “[w]e would not normally allow an appeal from a denial of a motion to dismiss, and, with the benefit of hindsight, we admit our error in doing so in this case.” Id. This reflects our policy preference against piecemeal litigation, see Heddendorf, 263 F.2d at 889, as well as prudential concerns about mootness, ripeness, and lengthy appellate proceedings. Thus, the “fact that appreciable trial time may be saved is not determinative,” Palandjian, 782 F.2d at 314, and neither is the fact that the case has “tremendous implications” or “might materially advance the ultimate termination of the litigation,” Slade v. Shearson, Hammill & Co., Inc., 517 F.2d 398, 400 (2d Cir.1974).

In the instant case, we see no reason to depart from our general rule prohibiting interlocutory appeals from the denial of a motion to dismiss. Although the issue of whether WIA expressly or implicitly forecloses § 1983 suits is a “controlling question of law,” it has not met the other two factors of § 1292(b). The fact that two other district courts in Puerto Rico have arrived at a similar holding regarding WIA’s non-preclusive effect on § 1983 claims, see Borrero-Rodríguez v. Montalvo-Vázquez, 275 F.Supp.2d 127 (D.P.R.2003); Torres Ramos v. Consorcio De La Montaña, 286 F.Supp.2d 126 (D.P.R.2003), supports a finding that no “substantial ground for difference of opinion” exists. 28 U.S.C. § 1292(b). Moreover, since the rest of the claims based on the same underlying facts have proceeded in the district court, the interlocutory appeal on the WIA issue does not “materially advance the ultimate termination of the litigation.” Id. Finally, we emphasize that interlocutory appeals are granted at our “discretion,” id. (“The Court of Appeals which would have jurisdiction of an appeal of such action may thereupon, in its discretion, permit an appeal to be taken from such order”) (emphasis added), and “with the benefit of hindsight, we admit our error in doing so in this case,” cf. McGillicuddy, 746 F.2d at 76, n. 1.

Thus, we vacate the initial order granting the interlocutory appeal as improvidently granted, and remand the issue to the district court for adjudication.

Vacated and Remanded.

1

. Two other district courts in Puerto Rico arrived at similar holdings. See Borrero-Rodríguez v. Montalvo-Vázquez, 275 F.Supp.2d 127 (D.P.R.2003); Torres Ramos v. Consorcio De La Montaña, 286 F.Supp.2d 126 (D.P.R.2003).