Law firms investigate FuelCell Energy after shares fall 15.7%

  • Hagens Berman and Kirby McInerney opened separate investigations into FuelCell Energy’s Fit Energy disclosures and possible securities-law violations.
  • FuelCell reported a $24.5 million Q3 2026 gross loss, including approximately $17 million in charges tied to the initial 30 MW phase.
  • Shares fell $2.68, or 15.7%, to $14.40 on September 2, while no lawsuit had been filed as of Kirby’s announcement.

Hagens Berman and Kirby McInerney are separately investigating FuelCell Energy, Inc. and, in Kirby’s inquiry, members of senior management, over possible federal securities-law violations and alleged inadequate disclosure of the economics of its capital equipment purchase agreement with Fit Energy. The investigations followed FuelCell’s September 2, 2026 Quarterly Report, which disclosed approximately $17 million in inventory and firm-purchase-commitment charges associated with the initial 30 MW phase of the agreement. FuelCell reported a $24.5 million gross loss for the three months ended July 31, 2026, compared with $5.1 million a year earlier, saying product costs and manufacturing overhead exceeded contractual pricing. Its shares fell $2.68, or 15.7%, to close at $14.40, about 31% below the $21 price in a July offering. No lawsuit has been filed, and Kirby said its investigation is ongoing; Hagens Berman is also seeking information from investors and people with non-public information, including potential SEC Whistleblower submissions that may qualify for rewards of up to 30% of a successful SEC recovery.

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