New York, New York--(Newsfile Corp. - October 20, 2026) - The law firm of Kirby McInerney LLP reminds FuelCell Energy, Inc. ("FuelCell" or the "Company") (NASDAQ: FCEL) investors who acquired FuelCell securities between June 24, 2026 and September 1, 2026 ("the Class Period") of the November 10, 2026 deadline to seek lead plaintiff appointment in the pending class action lawsuit.

Investors are encouraged to 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 in the securities fraud class action lawsuit at no cost.

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What Is The 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.

[CLICK HERE TO LEARN MORE ABOUT THE CLASS ACTION]

What Should I Do?

Courts do not consider applications filed after the lead plaintiff deadline. The lead plaintiff oversees the litigation on behalf of the class and may influence key decisions, including litigation strategy and settlement. Courts regularly appoint individual investors as lead plaintiffs, not only institutions. Learn more about the lead plaintiff process and eligibility requirements here.

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 above, to discuss your rights or interests with respect to these matters at no cost.

[WHAT SHOULD I KNOW ABOUT SECURITIES CLASS ACTIONS?]

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 on Kirby McInerney LLP's website.

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To view the source version of this press release, please visit https://www.newsfilecorp.com/release/319889

Source: Kirby McInerney LLP