The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed on behalf of investors who acquired FuelCell Energy, Inc. (“FuelCell” or the “Company”) (NASDAQ: FCEL) securities between June 24, 2026 and September 1, 2026, inclusive (“the Class Period”). If you suffered a loss on your FuelCell investments, you have until November 10, 2026 to request lead plaintiff appointment.
[CONTACT THE FIRM IF YOU SUFFERED A LOSS]
Investors are encouraged to fill out the contact form above or contact Lauren Molinaro of Kirby McInerney LLP by email at investigations@kmllp.com to discuss your rights or interests in the securities fraud class action lawsuit at no cost.
What Is This Lawsuit About? The lawsuit alleges that FuelCell made false and/or misleading statements and failed to disclose to investors that: (i) the Company’s manufacturing capacity was inadequate to generate the production rate required under the capital equipment purchase agreement (CEPA) with Fit Energy USA LP for up to 380 MW of fuel cell power for data centers; (ii) the Company’s annualized production rate for deliveries under the CEPA with Fit Energy was slower than expected; (iii) as a result, the Company was incurring higher product costs and manufacturing overhead expenses; (iv) as a result of the slower production rate, the Company was reasonably likely to incur charges in connection with the CEPA; and (v) the foregoing was a known trend affecting the Company’s profitability.
On September 2, 2026, FuelCell announced its third quarter 2026 financial results, reporting a net loss of $45.3 million. The Company stated that this reflected “a higher gross loss than the prior year period,” caused by “product costs and manufacturing overhead that currently exceed the contractual pricing established under the CEPA with Fit Energy.” Additionally, FuelCell stated that the annualized production rate was “below the production volume at which we expect our cost structure to align with market-based pricing for orders of this scale,” and charges totaling $17 million were incurred, reflecting “the impact of contractual pricing provisions with specific inventory and purchase commitments arising as a result of Phase 0 of the CEPA.” On this news, the price of FuelCell shares declined by $2.68 per share, or approximately 15.69%, from $17.08 per share on September 1, 2026 to close at $14.40 on September 2, 2026.
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The Lead Plaintiff Appointment Process. The federal securities laws permit any investor who acquired eligible securities during the class period to seek appointment as lead plaintiff in a class action lawsuit. Courts do not consider lead plaintiff applications submitted after the relevant deadline. If you choose to take no action, you may remain an absent class member. Learn more about the lead plaintiff process and eligibility requirements here. Courts typically appoint the investor(s) with the largest financial loss in the case and the ability to represent the class rather than investors with simply the largest investment portfolio. Courts regularly appoint individual investors, whether acting alone or as a group, as lead plaintiffs. The rights of any investor who bought shares during the class period are generally already protected. However, lead plaintiffs have the power to influence case strategy and have a say in settlement decisions, as well as decisions concerning allocation of settlement funds among class members.
[LEARN MORE ABOUT THE LEAD PLAINTIFF PROCESS]
What Should I Do? If you purchased or otherwise acquired FuelCell securities, have information, or would like to learn more about this investigation, please contact Lauren Molinaro of Kirby McInerney LLP by email at investigations@kmllp.com, or fill out the contact form below, to discuss your rights or interests with respect to these matters at no cost.
Kirby McInerney LLP is a New York-based plaintiffs’ law firm concentrating in securities, antitrust, whistleblower, and consumer litigation. The firm’s efforts on behalf of shareholders in securities litigation have resulted in recoveries totaling billions of dollars. Additional information about the firm can be found at Kirby McInerney LLP’s website.
This press release may be considered Attorney Advertising in some jurisdictions under the applicable law and ethical rules.
View source version on businesswire.com: https://www.businesswire.com/news/home/20260914522726/en/
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