The complaint, filed by Hagens Berman, targets CEO Jason B. Few and CFO Michael S. Bishop for their handling of a June 24, 2026, agreement to supply 380 megawatts of power to Fit Energy USA LP. According to the filing, the company touted the deal to drive market enthusiasm, despite knowing its internal manufacturing capacity was insufficient to meet the contractual requirements.
These operational gaps led to product costs and overhead expenses that far exceeded the pricing set in the agreement. The reality of the financial strain became public on September 2, 2026, when FuelCell reported a $45.3 million net loss, including $17 million in charges linked specifically to the Fit Energy project. Investors who purchased shares between June 24 and September 1, 2026, have until November 10, 2026, to apply for lead plaintiff status in the case.
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