an entire contract if the nonmaritime obligations are merely incidental to the primary maritime nature of the contract. Second, if the nonmaritime obligations are substantial, admiralty may take jurisdiction over any maritime obligations that can be severed from the nonmari-time obligations and separately adjudicated without prejudice to the parties. Simon v. Intercontinental Transp. (ICT) B.V., 882 F.2d 1435, 1442 (9th Cir.1989) (citations omitted); see also La Reunion Francaise SA v. Barnes, 247 F.3d 1022, 1025 (9th Cir.2001). The Supreme Court’s later decision in Norfolk Southern Railway Co. v. Kirby, 543 U.S. 14, 125 S.Ct. 385, 160 L.Ed.2d 283, undercuts the continuing force of these two exceptions by our court. See Miller v. Gammie, 335 F.3d 889, 899-900 (9th Cir.2003) (en banc) (<HOLDING>). The dispute in Norfolk centered on whether a
holding a threejudge panel may not reexamine normally controlling circuit precedent in the face of an intervening united states supreme court decision unless the reasoning or theory of our prior circuit authority is clearly irreconcilable with the reasoning or theory of intervening higher authority holding that where the relevant court of last resort has undercut the theory or reasoning underlying the prior circuit precedent in such a way that the cases are clearly irreconcilable then a threejudge panel of this court and district courts should consider themselves bound by the intervening higher authority and reject the prior opinion of this court as having been effectively overruled holding that a three judge panel is free to reexamine the holding of a prior panel when the supreme court has undercut the theory or reasoning underlying the prior circuit precedent in such a way that the cases are clearly irreconcilable holding that a three judge panel is not bound by prior circuit precedent if an intervening decision of a higher authority undercuts the theory or reasoning underlying the prior circuit precedent in such a way that the cases are clearly irreconcilable holding that a threejudge panel may depart from circuit precedent that has not been expressly overruled when an intervening en banc or supreme court decision has undercut the theory or reasoning underlying the prior circuit precedent in such a way that the cases are clearly irreconcilable