Suit alleges FuelCell Energy, Inc. failed to disclose key facts to investors from June 24, 2026 through September 1, 2026; lead plaintiff deadline is November 10, 2026
BENSALEM TOWNSHIP, Pa., Oct. 21, 2026 /PRNewswire/ -- The Law Offices of Howard G. Smith today reported that a securities class action lawsuit is pending against FuelCell Energy, Inc. ("FuelCell" or the "Company") (NASDAQ: FCEL) on behalf of investors who acquired its securities from June 24, 2026 through September 1, 2026. The FuelCell Energy, Inc. case, Nguyen v. FuelCell Energy, Inc. et al., was filed on September 11, 2026 in the U.S. District Court for the Southern District of New York (Case No. 26-cv-07953).
Investors with losses on FuelCell Energy, Inc. securities can contact the Law Offices of Howard G. Smith about the FuelCell Energy, Inc. lawsuit before the November 10, 2026 lead plaintiff deadline.
Key deadlines and dates for FuelCell Energy, Inc. investors
- Lead plaintiff deadline: November 10, 2026
- Class period: June 24, 2026 through September 1, 2026
- Complaint filed: September 11, 2026
What happened?
On September 2, 2026, FuelCell reported its fiscal third-quarter results. The Company reported, among other things, that revenue fell 29% year over year to $33 million, primarily due to lower product sales caused by fewer module deliveries to customers in South Korea. FuelCell further reported it saw a gross loss from product revenues for the quarter reflecting that product costs and manufacturing overhead currently exceeded the contractual pricing established under the Fit Energy agreement. FuelCell recognized approximately $17 million in charges related to the initial 30 MW phase of that agreement.
On this news, FuelCell shares fell $2.68 or 15.69% to close at $14.40 on September 2, 2026, thereby injuring investors.
What is the FuelCell Energy, Inc. lawsuit about?
The FuelCell Energy, Inc. securities lawsuit alleges that, between June 24, 2026 and September 1, 2026, defendants made materially false and/or misleading statements and failed to disclose material adverse facts about FuelCell Energy, Inc.'s business, operations, and prospects. Specifically, the complaint alleges defendants failed to disclose that: (1) the Company's manufacturing capacity was inadequate to generate the production rate required under the CEPA; (2) as a result, the Company's annualized production rate for deliveries under the CEPA with Fit Energy was slower than expected; (3) as a result, the Company was incurring higher product costs and manufacturing overhead expenses; (4) as a result of the slower production rate, the Company was reasonably likely to incur charges in connection with the CEPA; (5) the foregoing was a known trend affecting the Company's profitability; and (6) as a result, defendants' positive statements about FuelCell Energy, Inc.'s business, operations, and prospects were materially misleading and/or lacked a reasonable basis.
"The lawsuit against FuelCell Energy, Inc. alleges that, among other things, the Company failed to tell investors that the Company's manufacturing capacity was inadequate to generate the production rate required under the CEPA. FuelCell Energy, Inc. investors who bought during the class period may be able to pursue their losses, and the November 10, 2026 deadline is where that process begins," said Howard G. Smith of The Law Offices of Howard G. Smith.
Next steps for FuelCell Energy, Inc. investors
FuelCell Energy, Inc. investors who suffered losses may contact The Law Offices of Howard G. Smith to learn about pursuing their claims.
Lead plaintiff motions in the FuelCell Energy, Inc. class action are due to the Court by November 10, 2026. For more information, visit the firm's website, email howardsmith@howardsmithlaw.com, or call (215) 638-4847.
If you purchased FuelCell Energy, Inc. securities during the class period, you may retain counsel of your choice, or you may take no action and remain an absent class member. No class has been certified in the FuelCell Energy, Inc. case so far.
Common questions from FuelCell Energy, Inc. investors
Who is eligible? Investors who acquired FuelCell Energy, Inc. securities from June 24, 2026 through September 1, 2026 and suffered losses may qualify for the class in the FuelCell Energy, Inc. shareholder lawsuit.
What is the deadline? Lead plaintiff motions in the FuelCell Energy, Inc. case are due by November 10, 2026.
Can I recover without being lead plaintiff? Yes, FuelCell Energy, Inc. investors may take no action and remain absent class members.
Does it cost anything? The Law Offices of Howard G. Smith works on contingency, so investors pay no attorneys' fees unless there is a recovery, and any fees require court approval.
About The Law Offices of Howard G. Smith
The Law Offices of Howard G. Smith has helped injured investors recover their money for more than 15 years. The firm prosecutes securities fraud, takeover, and derivative litigation against public companies and their officers, directors, and advisors in federal and state courts nationwide, and has helped clients recover hundreds of millions of dollars in losses. Clients speak directly with a lawyer, who will promptly answer any question.
Prior results do not guarantee a similar outcome.
Related links
- FuelCell Energy, Inc. case page, The Law Offices of Howard G. Smith
- Complaint: Nguyen v. FuelCell Energy, Inc. et al., U.S. District Court for the Southern District of New York
- press release
- FuelCell Energy, Inc. SEC filings index, EDGAR
- The Law Offices of Howard G. Smith
Contact
Howard G. Smith
The Law Offices of Howard G. Smith
3070 Bristol Pike, Suite 112
Bensalem, PA 19020
Email: howardsmith@howardsmithlaw.com
Telephone: (215) 638-4847
www.howardsmithlaw.com
This press release may be considered Attorney Advertising in some jurisdictions under the applicable law and ethical rules.
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