HOUSTON – Texans principal owner Janice McNair, the 87-year-old widow of Bob McNair, the late owner and founder of the franchise, is involved in a court battle with one of her sons, Cary McNair.
Court filings revealed a legal dispute and a battle within the family while the Texans are preparing for their first home playoff game at NRG Stadium on Saturday afternoon against the Cleveland Browns since the 2019 season.
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Cary McNair, the CEO of McNair Industries, according to Harris County probate court record documents, is seeking to have his mother declared incapacitated and have a guardian appointed.
Cal McNair, the chairman and CEO of the Texans since his father’s passing after previously holding titles of vice chairman and chief operating officer who chairs the NFL audit committee and sits on the NFL investment committees, and his mother filed affidavits opposing the legal action from Cary McNair and asked that the filing be sealed.
The Texans and the NFL have not commented on the active litigation.
“I have ownership interests in the Houston Texans NFL Franchise and am currently serving as the Houston Texans Chairman and Chief Executive Officer,” Cal McNair wrote in an affidavit opposing the request for the guardianship. “The details of this family dispute becoming public will have a serious impact on the Texans. It will create a needless and baseless media stir regarding the ownership and direction of the Texans, thereby negatively affecting our employees, business partners, and the team.
“Immediate and irreparable harm will result if the records continue to be accessible to the public until notice can be posted and a hearing held on the Motion because my confidential information will be picked up and shared by a third party in the interim. There are no less restrictive means than sealing the Records that will adequately and effectively protect my interests as this dispute will necessarily involve my confidential information.”
Cal McNair and Janice McNair, in affidavits, stated they want to protect her medical history and information, financial information, including assets and management, Cal McNair’s financial information and relationships among the McNair family.
“Cary filed the application without the knowledge or input of Ms. McNair or Cal, who are shocked at Cary’s drastic and unwarranted measures of alleging his mother is incapacitated, seeking to terminate her rights and appoint himself as her guardian to control her personal, financial and medical decisions,” the affidavit stated. “Ms, McNair and Cal are firmly against any allegation or implication that Ms. McNair is incapacitated or needs a guardianship.
“Cary publicly filed the Application, which includes Ms. McNair’s confidential medical information such as her doctor’s information, potential medical appointments and her Statutory Durable Power of Attorney. The Application also includes Ms. McNair’s and Cal’s confidential financial information and includes Ms. McNair’s and Cal’s home addresses.”
The application for guardianship of Janice McNair was filed on Nov. 27.
Janice McNair stated in an affidavit last month that Cary McNair is “seeking to limit or terminate my rights and appoint himself as guardian of my estate.”
The McNair family owns McNair Interests, which includes real estate and other businesses.
A hearing was conducted to determine whether the records will be sealed. No information has been disclosed about the result of the hearing. In December, the presiding judge issued a temporary sealing order stating that Janice McNair and Cal McNair had shown they would suffer immediate and irreparable harm if the case wasn’t made a confidential matter.
“Mrs. McNair and I believe Cary obtained our confidential, financial and personal information through these roles as a fiduciary,” Cal McNair wrote in an affidavit. “Thus, Cary’s disclosure of the information in the application constitutes a breach of his duties owed to Ms. McNair and me. I understand that the guardianship proceedings, which I will be participating in to argue and prove that my mother does not need a guardianship will involve more detailed filings and testimony related to my personal and financial information as Cary has made them an issue. My personal and financial information is confidential, and I understand that I have a right to privacy regarding my confidential information.”
Bob McNair died of cancer in November 2018 and Janice McNair took over as principal owner.
Cal McNair has been the primary leader of the organization since his father’s death, and he works closely with his wife, foundation vice president Hannah McNair, in conducting the daily operations of the team.
The Texans are in the midst of their most successful season in years since hiring coach DeMeco Ryans and drafting quarterback C.J. Stroud second overall. They finished the regular season 10-7, winning the AFC South division title.
Purchased in 1999 for $600 million, the Texans have a Forbes valuation of $5.5 billion.