Patty Shwartz
How Judge Shwartz rules, drawn from 47 signed orders. Every observation links to the order it came from.
About Judge Shwartz
Patty Shwartz is a judge of the United States Court of Appeals for the Third Circuit. Appointed by President Barack Obama, Judge Shwartz received a commission on April 10, 2013.
Judge Shwartz's practices and standing orders
The court's website lists no individual practices or standing orders of Judge Shwartz's own (checked October 11, 2026), so the court's local rules and general orders are the place to look (court page ↗).
Standing orders for every case in this court
Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 11, 2026).
- Third Circuit Motions Practice ↗
- Motions to Exceed the Page or Word Limitations ↗
- Motions for Extensions of Time and Clarification of L.A.R. 110 ↗
- Vacating Option B for Filing of an Appendix ↗
- Reduced Number of Copies of Briefs Required ↗
- Stays in Immigration Cases ↗
- Submission of Audio and Video Files ↗
How Judge Shwartz decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Tawainna Anderson’s case against TikTok, she held that Section 230 did not bar claims premised on the platform’s own expressive activity.
“... TikTok’s own expressive activity, § 230 does not bar Anderson’s claims.”
In Cara Rowland’s appeal, she invoked the presumption that different language in separate provisions of a statute or regulation carries different meanings.
“Where a statute or regulation uses specific language in one [provision] but different language in another, the Court presumes different meanings were intended.”
In United States v. Aleman-Lozano, she concluded that the challenged firearm restriction was sufficiently similar to historical regulations to survive the Second Amendment challenge.
“Because § 922(g)(5)(B) is relevantly similar to the historical laws and our national tradition of firearm regulation, it does not violate the Second Amendment.”
In her separate Bost concurrence, Shwartz agreed that the felon-possession charges could proceed but reasoned that the statutory bar constitutionally reaches all felons, a broader rationale than the controlling opinion adopted.
“I write separately to emphasize my view that § 922(g)(1) constitutionally bans all felons from possessing firearms under Supreme Court precedent, history, and due process.”
Procedural preferences
In Mondelli v. Berkeley Heights Nursing and Rehabilitation Center, she vacated a failure-to-prosecute dismissal because evidence called the plaintiff's competency into question and remanded for a Rule 17 inquiry before reconsideration of dismissal.
“A district court presented with verifiable evidence of incompetence may abuse its discretion under Rule 17(c) if it fails to appoint a next friend or guardian ad litem to represent an incompetent person, even when he or she is represented by counsel.”
In County of Butler v. Governor of Pennsylvania, she held that challenges to expired pandemic orders were moot on appeal and directed vacatur of the district court's judgment because later events had made that ruling unreviewable.
“When a case becomes moot while an appeal is pending, appellate courts generally follow the ‘established practice’ of vacating a district court’s judgment with directions to dismiss.”
Cautions
In R and C Oilfield Services’ appeal, she held that a party could not refuse to proceed after an unfavorable ruling and then obtain review through the resulting dismissal or default.
“A party disappointed with a court’s ruling may not refuse to proceed and then expect to obtain relief on appeal from an order of dismissal or default.”
In Mazzarella’s overtime case, she concluded that the defendants had not met their burden to show plainly and unmistakably that the motor-carrier exemption applied.
“Defendants have simply not met their burden to ‘plainly and unmistakably’ show that the MCA exemption applies.”
In Buele Morocho’s immigration-detention case, she found that the Mathews factors favored the petitioners and that detention without bond hearings violated their procedural due process rights.
“Thus, the Mathews factors weigh in Petitioners’ favor, and their detentions without bond hearings violated their procedural due process rights.”
In Williams v. Attorney General, Shwartz dissented from affirming declaratory relief for a firearm-rights claimant. She would have required him to pursue administrative relief under section 925(c) and dismissed the complaint without prejudice; that was her proposed disposition, not the court’s judgment.
“As a result, I would vacate the order granting Williams a declaratory judgment and direct the District Court to dismiss his complaint without prejudice so that he can pursue relief under § 925(c).”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the foregoing reasons, we will affirm the order of the District Court.”
“For the foregoing reasons, we will affirm the District Court’s judgment of sentence.”
“we will affirm the District Court’s conclusion regarding drug quantity, reverse the enhancement for obstruction of justice, and remand for resentencing.”
“we will vacate the District Court’s order and remand for further proceedings consistent with this opinion.”
“For the foregoing reasons, we will affirm.”
“we will dismiss the appeal in part and affirm in part.”
“For the foregoing reasons, we will affirm.”
“For the foregoing reasons, we will affirm.”
“For the foregoing reasons, we will affirm.”
“For the foregoing reasons, we will affirm the District Court’s order certifying a direct purchaser class.”
“For the foregoing reasons, we will affirm the District Court’s preliminary injunction.”
“For the foregoing reasons, we will deny the petition for review.”
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