A lawsuit filed by one of the sons of the Houston Texans owner seeking to have her declared incapacitated was dismissed Monday.
Robert Cary McNair Jr. filed in November to appoint a guardian for 87-year-old Janice McNair. But on Monday, Cary McNair’s attorneys and others involved in the case filed a motion to collectively dismiss the lawsuit.
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News of the case’s conclusion was first reported by the Houston Chronicle. Cary McNair’s attorney, Jeremy Fielding, told the newspaper the family had mutually decided to resolve the issues privately.
Fielding said Cary McNair was concerned about his mother’s health and filed the lawsuit to protect her rather than “to take control of her estate as his brother Carl wrongly suggested.”
Lawyers for Janice McNair and her son Cal McNair, the Texans’ chairman and CEO, have previously disputed Cary McNair’s claims that the elder McNair was incapacitated or A guardian is needed to control her personal, financial and medical decisions. Janice McNair became the Texans’ majority owner after her husband, Bob McNair, died in 2018.
“Cal McNair is pleased that the frivolous lawsuit against his mother, Janice McNair, was dismissed today. He is relieved that she will not be burdened with unnecessary medical examinations or subject to restrictions that limit her rights. Suppressive conservatorship. She will remain actively involved as founder and senior chairman of the Houston Texans,” Carl McNair’s attorney, Paul Dombrowski, said in a statement.
Earlier this month, Judge Jerry Simoneau decided to end the lawsuit after ruling that Janice McNair did not have to undergo an independent examination to assess her mental competency. Cary McNair’s attorneys asked for the exam, arguing in court that her ability to conduct business was compromised by a stroke she suffered in January 2022.
The details that prompted the custody effort have been mostly kept secret after Simoneau previously ordered some records in the lawsuit sealed.
