M-Cubed LLC v. Maersk Line Ltd.

MEMORANDUM

M-Cubed LLC (“M-Cubed”) interlocu-torily appeals the district court’s partial grant of summary judgment in favor of Maersk Line Ltd. (“Maersk”). The parties are familiar with the facts of this case, which we repeat here only to the extent necessary to explain our decision.

I. Jurisdiction

“[District courts shall have original ju-i-isdiction, exclusive of the courts of the States, of: (1) Any civil case of admiralty or maritime jurisdiction, saving to suitors in all cases all other remedies to which they are otherwise entitled.” 28 U.S.C. § 1333 (1). The “savings to suitors” clause “permits the plaintiff to bring an action ‘at law’ in the federal district court, provided the requirements of diversity of citizenship and amount in controversy are met.” Ghotra v. Bandila Shipping, Inc., 113 F.3d 1050 , 1054 (9th Cir.1997). “If a claim for relief is within the admiralty or maritime jurisdiction and also within the court’s subject-matter jurisdiction on some other ground, the pleading may designate the claim as an admiralty or maritime claim....” Fed.R.Civ.P. 9(h)(1). “If [Plaintiff] wants the admiralty rules to apply, the plaintiff or other party asserting a claim needs…