NEW YORK, NY - September 16, 2026 (NEWMEDIAWIRE) - Kaplan Fox & Kilsheimer LLP announces that a class action lawsuit has been filed against FuelCell Energy, Inc. (“FuelCell” or the “Company”) (NASDAQ: FCEL) on behalf of investors that purchased or otherwise acquired FuelCell securities between June 24, 2026 and September 1, 2026 (the “Class Period”).
If you are an investor in FuelCell and have suffered losses, you may CLICK HERE to contact us. You may also contact Kaplan Fox by emailing pmayer@kaplanfox.com or by calling (646) 315-9003.
DEADLINE REMINDER: If you are a member of the proposed Class, you may move the court no later than November 10, 2026 to serve as a lead plaintiff for the purported class. If you have losses we encourage you to contact us to learn more about the lead plaintiff process. You need not seek to become a lead plaintiff in order to share in any possible recovery.
On June 24, 2026, FuelCell announced a “strategic agreement” with Fit Energy USA LP (“Fit Energy”) to manufacture, sell and deliver carbonate fuel cell block systems “for up to 380 megawatts (MW) of clean, baseload on-site power for data centers using FuelCell Energy’s utility-scale fuel cell technology[,]” including “an immediate deposit for an initial 30 MW of power scheduled to begin delivery later this year.”
Then, on September 2, 2026, FuelCell reported financial results for the fiscal third quarter 2026 ending July 31, 2026, including a gross loss of $24.5 million in the third quarter of fiscal 2026 compared to a gross loss of $5.1 million in the third quarter of 2025. During the earnings call to discuss these results, FuelCell’s Chief Financial Officer (“CFO”) said that the “the primary driver” of the Company’s higher gross loss than the prior year period was “$17 million of charges recorded during the quarter” that were recorded in connection with Phase 0 of FuelCell’s Capital Equipment Purchase Agreement (“CEPA”) with Fit Energy “due to the fact that our current product costs and manufacturing overhead exceed the contractual pricing established under that agreement.” On this news, FuelCell shares fell $2.68, or 15.69%, to close at $14.40 per share on September 2, 2026.
The complaint alleges, among other things, that throughout the Class Period, Defendants made false and/or misleading statements and/or failed to disclose that the Company’s manufacturing capacity was inadequate to generate the production rate required under the CEPA with Fit Energy and that the Company was reasonably likely to incur charges in connection with the CEPA.
WHY CONTACT KAPLAN FOX?
Kaplan Fox & Kilsheimer LLP is a nationally recognized law firm focused on complex litigation, with offices in New York, Oakland, Los Angeles, Chicago, and New Jersey. Founded in 1956, the firm has spent more than 50 years prosecuting securities, antitrust, and consumer protection actions in federal and state courts nationwide, recovering more than $10 billion for clients and the classes it has represented.
Kaplan Fox is widely regarded as one of the nation's premier plaintiffs' securities litigation firms and has received recognition from Chambers and Partners, Benchmark Litigation, Super Lawyers, and Lawdragon. Serving as lead or co-lead counsel in many landmark cases, the firm has secured some of the largest recoveries in the history of securities litigation, including a $2.425 billion recovery on behalf of Bank of America shareholders in In re Bank of America - the largest recovery ever obtained for claims under Section 14(a) of the Securities Exchange Act - $800 million recovered for the Arkansas Teacher Retirement System and other pension funds in ATRS v. Allianz Global Investors, and a $475 million settlement in In re Merrill Lynch.
For decades, Kaplan Fox has represented public pension funds, institutional investors, businesses, and individuals in high-stakes litigation. Through its successful advocacy and precedent-setting victories, the firm has helped shape important areas of securities and corporate law while advancing accountability and protecting investor interests.
This press release may be considered Attorney Advertising in some jurisdictions under the applicable law and ethical rules. Past results do not guarantee future outcomes.
If you have any questions about this Notice, your rights, or your interests, please contact:
CONTACT:
Pamela A. Mayer
KAPLAN FOX & KILSHEIMER LLP
800 Third Avenue, 38th Floor
New York, New York 10022
(646) 315-9003
pmayer@kaplanfox.com
Laurence D. King
KAPLAN FOX & KILSHEIMER LLP
1999 Harrison Street, Suite 1501
Oakland, California 94612
(415) 772-4704
lking@kaplanfox.com
Contacting or submitting information to Kaplan Fox & Kilsheimer LLP does not create an attorney-client relationship, nor an obligation on the part of Kaplan Fox to retain you as a client.
https://www.kaplanfox.com/case/fuelcell-energy-nasdaq-fcel-class-action-lawsuit-learn-more-now/
View the original release on www.newmediawire.com
