Did Verizon And MetroPCS Jumped The Gun With Net Neutrality Lawsuits?

Verizon, MetroPCS, Net Neutrality Lawsuit, FCC http://snapvoip.blogspot.com/
Looks like  Verizon and MetroPCS lawsuits / appeals regarding Net Neutrality are "fatally premature and must be dismissed," according to response from FCC.
Verizon says FCC was wrong and it "goes well beyond any authority provided by Congress, and creates uncertainty for the communications industry, innovators, investors and consumers." and filed a suit on January 20th. MetroPCS followed the suit with their own, sighting the same.
FCC told the US Court of Appeals for the District of Columbia Circuit on Friday to dismiss the cases from Verizon and MetroPCS, based on the fact that its December net neutrality Order was not even published in the Federal Register, which makes the order official. These are governed by United States code, Section 47 § 405(a) (If you have time read it)
But all these legal mambo jumbo it is interesting to see these carriers are trying to take the case, (now if they succeed) before the same panel of judges, who threw out FCC's sanctions against Comcast for P2P throttling. Interesting.
All of sudden AT&T iPhones seem to be better! :)
Read more and comments at ARSTechnica