HOUSTON – The attorney for Texans principal owner Janice McNair told KPRC 2 that he plans to request a dismissal of the probate court case involving the AFC South franchise’s co-founder after Harris County probate court Judge Jerry Simoneaux issued a ruling denying a request Wednesday from Cary McNair, Janice McNair’s son, for an independent medical exam.
Janice McNair, the 87-year-old widow of Bob McNair, the late owner and founder of the team, has been involved in a court battle with Cary McNair.
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Cary McNair has been seeking an independent medical exam and guardianship of his mother, with his attorneys arguing that Janice McNair was mentally incapacitated, including allegations that she had memory loss and other cognitive function issues.
This allegation regarding her mental condition was strongly denied and opposed in court by Janice McNair and her attorney, Don Jackson, and Cal McNair, the Texans’ chairman and CEO, through his attorney, Paul Dobrowski, as well as by her primary care physician.
“We received the judge’s ruling, we got the order late this morning, and Judge Simoneaux denied Cary McNair’s request for an independent medical exam, and we believe that is absolutely the correct ruling,” attorney Don Jackson said in a telephone interview. “We are very pleased. We appreciate Judge Simoneaux and his staff for all of their hard work and consideration of this case. We will file for a dismissal. We don’t know the time and when, but we will be asking the judge to dismiss the case.”
Jackson continued, “Janice is very happy. I spoke with Janice a couple of times today and she is very pleased. She wants this behind her and she doesn’t want the stress of this ruling. She wants to put it all behind her.”
Court filings revealed the legal dispute and a battle within the family while the AFC South champion Texans were preparing for an AFC wild-card playoff victory over the Cleveland Browns.
Janice McNair suffered a stroke in January 2022.
“Janice McNair is feeling good and she is doing well,” Jackson said.
Dobrowski, Cal McNair’s attorney, did not have an immediate comment on the ruling. Judge Jerry Simoneaux’s office said they aren’t allowed to comment on the ruling.
Cary McNair, Janice McNair’s son and Cal’s brother, is the CEO of McNair Industries.
Cal McNair is the chairman and CEO of the Texans since his father’s passing after previously holding titles of vice chairman and chief operating officer. Cal McNair chairs the NFL audit committee and sits on the NFL investment committees.
Cal McNair and his mother previously filed affidavits opposing the legal action from Cary McNair and asked that the filing be sealed.
The Texans and the NFL had no comment Wednesday on the litigation.
Cal McNair wrote the following in an affidavit opposing the request for the guardianship:
“I have ownership interests in the Houston Texans NFL Franchise and am currently serving as the Houston Texans Chairman and Chief Executive Officer. 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 originally filed on Nov. 27.
Janice McNair stated in an affidavit that Cary McNair is “seeking to limit or terminate my rights and appoint himself as guardian of my estate.”
The McNair family business interests includes real estate and other businesses.
In December, Judge Simoneaux 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 after a long battle with skin 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 had 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, then defeated the Cleveland Browns in an AFC wild-card playoff game at NRG Stadium before losing in the divisional round to the Baltimore Ravens.
Stroud was named NFL Offensive Rookie of the Year. Defensive end Will Anderson Jr. was named NFL Defensive Rookie of the Year. And Ryans finished a close second by one less first-place vote in the Coach of the Year balloting won by Browns coach Kevin Stefanski.
Purchased in 1999 for $600 million, the Texans have a Forbes valuation of $5.5 billion.
When asked about Janice McNair’s thoughts on the improvement of the football team’s performance, Jackson replied, “I promise you Janice McNair is very pleased with this past season. She is looking forward to next season.”
Retired Texans wide receiver Andre Johnson, during a press conference Wednesday to discuss his selection for the Pro Football Hall of Fame, said he recently had a fun conversation with Janice McNair after learning of his pending induction.
“I remember going to Mrs. McNair’s house and informing her that I made it, and just how happy she was,” Johnson said. “Even her, she was like, ‘We’re not just partying for one day, we’re going to party all year!’ She was so excited, she was so happy. What they’ve done for me and my family, you can’t really repay that.
“Them taking a chance on me – a young, 22-year old guy – and me being able to do what I’ve done for the organization, I know they appreciate it, and they let me know that they do. And them just telling me how happy they were, we had some emotional moments, too. It was just a great feeling to have them there and experience all this with me.”
Aaron Wilson is a Texans and NFL reporter for KPRC 2 and click2houston.com.