Explosive New Allegations Against Cal McNair in Nevada Court Case
New Details Emerge in the Ongoing Battle Between the McNair Siblings
These events are based on court filings and allegations made by various parties involved. Please see previous posts for context on other lawsuits involving the individuals and entites related to this case. The court has not made final determinations on these matters, and all parties are entitled to due process and the presumption of innocence until proven otherwise in a court of law.
A new filing in a Nevada court by attorneys representing Cary McNair has revealed explosive allegations concerning Janice McNair's personal attorney, Ed Deery, and his alleged involvement with her son, Cal McNair, representative of the Houston Texans. Janice McNair, 88, is the widow of Robert McNair, the billionaire founder of the Texans NFL franchise. Her son Cary is embroiled in lawsuits in Texas and Nevada against his brother Cal and their sisters Ruth and Melissa.
Cary's lawsuit presents the following causes of action:
A request for declaratory judgment on three issues:
a. That the transfer of interest in the Palmetto Protector contravenes the operating agreement.
b. That Janice lacked capacity to make the transfer.
c. That there was undue influence in the transfer process.Breach of fiduciary duty by the members of the Palmetto Protector.
Central to this complex dispute is the Palmetto Protector, a critical governance entity designed to safeguard the trust's founding principles. Established by Robert McNair, the Palmetto Protector serves as a watchdog, ensuring the Palmetto Trust adheres to its original intentions. Initially, Robert held sole membership in this entity, a position that granted significant oversight of the family's multi-billion-dollar assets. Upon his death, Janice, acting as the Independent Executor of Robert's estate, assigned his 100% membership interest to herself—a move Cary has challenged as procedurally improper.
The operating agreement for the Palmetto Protector explicitly defined future membership as limited to descendants of Robert and Janice McNair. Cary argues that Janice's self-assignment violated these terms, viewing this as a critical legal issue that would ultimately enable his siblings to systematically remove him from the family's intricate business structure. This seemingly arcane legal point would prove pivotal in the unfolding family conflict, setting the stage for a complex battle over control of the McNair family's substantial financial legacy.
Ed Deery’s Role
Ed Deery served as both Janice's personal attorney and legal counsel for Palmetto Trust Company (PTC), which was established by Robert and Janice McNair to preserve their multi-billion dollar fortune for future generations over 365 years. This trust is considered the family's most important asset. Notably, Ed Deery is not a defendant in the lawsuit.
Court documents suggest that Deery may have collaborated with Cal McNair to potentially influence Janice's decision-making regarding the sale of the family ranch, River Ranch, located in Cat Springs, Texas. This alleged influence reportedly occurred just one month after Janice suffered a stroke and later coincided with significant distributions to their four children. Cary alleges that Cal manipulated Janice into selling River Ranch at a price significantly lower than its market value.
The Sale of River Ranch Sparks Concerns
Janice reportedly suffered a severe hemorrhagic stroke resulting in significant health challenges on January 4, 2022. In a text exchange cited in legal filings, her personal assistant noted that Janice's primary care physician purportedly informed Deery it would take "thirty days of sleep" before assessing her cognitive skills due to ongoing sleep deprivation.
Court documents claim that on February 23, Cal McNair and Ed Deery presented Janice with a new valuation of River Ranch showing a net present value of $3 million—$62 million less than its original valuation. The following day, Cal reportedly succeeded in having Janice sign documents transferring the ranch to him in exchange for an interest-free loan valued at $3 million.
According to the filing, the directors of Palmetto Trust Company expressed concern upon discovering details about this loan. On March 14, 2022, Ruth reportedly texted Cary and Melissa about her unease regarding Deery's influence over Janice. In response to these concerns, the PTC directors initiated an investigation into the River Ranch transaction and decided by April 2022 to terminate their relationship with Ed Deery as outlined in court documents.
Court records also indicate that Deery contested these actions by claiming that Janice had not been properly informed about Board decisions and that reviewing the transaction would contradict her wishes. Despite these objections, a special meeting was held on April 26, 2022, which Janice did not attend. When questioned about the significant reduction in property value in a strong real estate market, Cal reportedly attributed it to "Ed's magic." The Board reportedly rejected this explanation and concluded that "this $60 million tax-free transfer of value to Cal was unconscionable" and likely resulted from undue influence.
Court documents allege that hours after this meeting, Deery sent a letter to the Board claiming the correspondence was approved by Janice McNair. The letter stated that the meeting was improper and that Janice's doctor allegedly confirmed she was not incapacitated. According to the filing, Ruth later claimed in an email that during her visit with Janice on April 26, she asked if Janice approved of Deery's letter, and concluded that Deery sent it without her mother’s revisions or her approval.
On April 27, court records indicate that Deery finally provided access to documents related to the ranch transaction, which Janice had reportedly not seen until that point. Legal documents suggest that Ruth expressed relief about this development in an email. The next day, court filings indicate that Janice's personal assistant texted Cary that Deery knew he acted improperly by sending the letter without Janice's approval. On May 13, the personal assistant reportedly suggested that Janice's doctor had not assessed her capacity and that she might be being manipulated by Deery.
In response to documents provided by Deery, according to court records, PTC convened a second special meeting. Legal filings allege that Cal and Deery encouraged Janice to attend this meeting and coached her on talking points beforehand. Janice's assistant claimed that Cal arrived shortly before the meeting with handwritten notes and asked her to leave for a brief conversation; he later summoned her back when he indicated that Janice wanted her present.
Court documents claim that Deery attempted to have Janice revoke her 2018 power of attorney to undermine Palmetto Trust Company's authority by bringing a notary stamp for signing a new power of attorney before the meeting. Although Janice's assistant claimed to initially prevent this action, Deery ultimately succeeded.
Minutes from this second special meeting, according to legal records, reveal that "Janice McNair per Daniel Calhoun McNair's suggestion asked that Ed Deery join." During discussions about the ranch transaction, it was noted that Janice appeared confused about matters requiring a vote; consequently, other board members decided against bringing them up for voting. Despite Cal's objections, the Board moved forward with terminating Ed Deery's relationship with Palmetto Trust Company.
On April 30, according to court documents, Ruth emailed Cary and Melissa to express relief at Deery's removal as PTC legal counsel. Melissa reportedly shared that Deery had stated that he hoped they "wouldn't know about the ranch sale until after" Janice passed away.
Court records indicate that on May 6, Deery sent an email, purportedly on Janice's behalf, stating her doctor confirmed her capacity to manage her affairs and expressing her desire to resume doing so. Attached were documents, according to the filing, revoking her previous Power of Attorney and establishing a new one naming Palmetto Trust Company as her agent only upon a determination of incapacity.
According to court filings, on May 11, Janice discussed with her assistant the need for more time to relax and focus on therapy rather than attending meetings. Cal reportedly called later, allegedly insisting she speak with Deery. The assistant, according to the filings, expressed skepticism about Cal's insistence, describing it as "pure panic by Cal."
Later that day during a PTC Board meeting, according to legal records, serious concerns were raised regarding Janice's purported revocation of Power of Attorney. The Board concluded she did not have sufficient capacity to terminate it or create a new one.
Court documents allege that Cal subsequently attempted to persuade Janice that Cary and PTC's Independent Directors were trying to take control of her affairs, encouraging her instead to dissolve the Board so she could "start over" with Deery. However, Janice's assistant pointed out that if the Board did not recognize any documents as legitimate, Janice did not have the authority to fire them.
According to court filings, a few days later Janice purportedly sent an email stating that after consulting with Dr. Pool she was able to sign legal documents and was “NOT INCAPACITATED!” However, the following day her assistant reportedly informed Cary that Dr. Pool had not actually assessed Janice's capacity.
On or around May 12, Ruth, Cary, and Melissa claim to have visited their mother and discussed what they perceived as threats from Cal and Deery against her well-being. According to the filings, they expressed hope she would spend remaining years peacefully surrounded by family emphasizing that retirement from any active role within Palmetto Trust would be in her best interest.
According to court filings, during a visit with her three children, Janice purportedly indicated that she believed she still owned the family’s $65 million ranch and that it would be left to all four family lines, as outlined in her estate plan. On May 22, 2022, Janice’s assistant reportedly confirmed this belief in a text to Cary, stating, “Interesting she said she still owns the ranch by the end of your conversation.”
During this conversation, the three children “expressed their hope that Janice McNair would spend her remaining years in peace and surrounded by their family, and made clear that her retirement from an active role as a director, trustee, or any other capacity within the Palmetto Trust structure would be in the best intersts of both the [PTC] and Janice McNair”. This was documented in the Minutes of the Special Meeting of the Board of Directors.
Following this discussion, Cary claims that he and Ruth expressed concerns that Janice “may not remember any of” their conversation and feared she remained vulnerable to undue influence from Ed, Cal, and Cal’s wife, Hannah Hartland. The Chairman of PTC’s Board shared similar worries, questioning via text message how much pressure Ed and Cal would continue to exert on Janice.
On or around June 1, 2022, Melissa and Ruth visited Janice and learned from her assistant that Cal had allegedly forced Janice to approve the Texans’ budget for the next three years. Cary claims that Melissa and Ruth believed Cal was attempting to conceal his mismanagement of the team from the PTC Board. Documents indicate that Ruth emphasized to Cary and Melissa the need to protect their mother: “We need to keep the momentum going to protect Mom and assets.”
A special meeting was held on June 15, 2022, where Cary claims he informed the Board about his discussion regarding retirement with Janice. Cal opposed this idea, claiming it wasn’t in Janice’s best interest. According to court filings, the PTC Board adopted three resolutions regarding Janice’s capacity:
The Board expressed significant concerns over Janice's ability to manage her financial affairs based on evidence from attempted participation in meetings after her stroke.
The Board resolved not to recognize the revocation of the 2018 Power of Attorney or the execution of a new Power of Attorney until a court establishes that Janice has sufficient capacity.
The Board also resolved not to recognize any removal of Palmetto Trust Company as trustee until a qualified replacement is appointed.
Additionally, the Board removed Ed Deery as Janice’s personal attorney and hired a new attorney for her.
On June 25, 2022, the Board reportedly convened for a three-hour meeting with Janice and her personal assistant, excluding Ed Deery. According to sources close to the matter, this meeting purportedly affirmed Janice’s willingness to move forward with a transition plan.
A follow-up meeting was convened on July 8, 2022, with members of the Palmetto Trust Company (PTC) Board in attendance. Cary claims that the session commenced with concerns raised by all Directors, except for Cal McNair, regarding Janice’s physical and mental health and her ability to fulfill her fiduciary duties as a Director and Trustee. These concerns were reportedly shared by the Chairman, who emphasized that it would be in Janice’s best interests to voluntarily resign from her role, though she could retain an ex-officio position without voting rights. These discussions were purportedly based on the Board's collective observations and assessments of Janice's capacity.
During the meeting, Janice’s newly appointed legal counsel provided an update on the ongoing negotiations regarding her retirement. The Board was reportedly surprised to learn that Ed Deery had been actively involved in these negotiations, purportedly acting as Janice’s representative despite having been terminated. While the new legal counsel expressed openness to negotiating with all relevant parties, it was noted that Deery appeared resistant to including the new counsel in discussions. Cary has publicly stated that he believes Cal McNair may have been utilizing Deery’s involvement to impede negotiations.
Court records reportedly indicate that on August 11, 2022, Cary sent a text message to Ruth and Melissa regarding delays in the transition plan, which he attributed to interference by Ed Deery and Cal McNair, hindering the efforts of Janice's new legal counsel. According to the message, the primary point of contention was the ranch transaction. Cary is reported to have stated that Deery and McNair had effectively dismissed their concerns, with Cary quoting their position as "tough luck to us on the ranch."
According to court documents, a week later, PTC sent a letter opposing the River Ranch transaction, reportedly labeling it shocking and egregious. They purportedly highlighted the unreasonably low price and raised concerns about the promissory note executed by Cal, which lacked collateral and enforcement provisions—suggesting it might be illusory. Additionally, PTC reportedly warned that this deal could potentially expose Janice to IRS scrutiny and possible tax liabilities. They purportedly questioned how Deery could justify this transaction while fulfilling his fiduciary duties to Janice, concluding it appeared to be influenced by undue pressure.
The letter from the Palmetto Trust Company (PTC) reportedly expressed serious concerns about Janice's cognitive capacity to manage her financial affairs and the family's multi-billion-dollar businesses. It detailed observations of Janice's fatigue, difficulty reading and understanding documents, memory issues, and inability to hear critical discussions. Court records suggest that she had even admitted to not comprehending certain matters put to a vote, resulting in her automatic "no" votes.
On August 14, 2022, Janice suffered a brain bleed and stopped responding per court records. In the following days, her assistant reportedly stressed that Janice needed to reduce stress for her recovery, stating, "This is too stressful for her." Ed Deery's time sheets confirmed meetings with Janice during the spring and summer of 2022.
Court documents go on to say that Janice canceled a trip to South Carolina due to increased confusion following an episode of unresponsiveness lasting about five minutes on September 15, 2022. Three weeks later, her personal assistant informed Melissa, Ruth, and Cary (but not Cal) that Janice was in an ambulance due to confusion and unresponsiveness, prompting her doctor to recommend an emergency evaluation.
On October 18, 2022, Janice’s assistant texted Melissa, Ruth, and Cary about what she perceived to be an alarming incident where Cal forced Janice to sign a legal document without providing her a copy. She reported that during a confidential meeting on October 14, she believed that Cal had Janice sign a document related to Jack Easterby’s dismissal but failed to give her a copy. The assistant expressed concern over the lack of transparency: “I believe it has to do with Easterby’s dismissal, but I’m not sure as I was not in the room.”
The day before this text was sent, Cal announced that the Houston Texans had fired Jack Easterby. Cal had initially hired Easterby as executive vice president in 2019 after Bob McNair's death and later promoted him to executive vice president of football operations in 2020. Easterby's hiring and promotion had sparked significant public controversy due to his lack of experience in football operations.
Janice’s assistant expressed serious concerns to Cal’s siblings about Cal forcing Janice to sign documents, stating, “He took advantage of her—she had not been feeling good... She’s had bad headaches every day and has been very tired.” She also reportedly conveyed anxiety to Cary, Melissa, and Ruth about the possibility of Cal confiscating her business phone to review her communications with them. In a text, she urged, “Please communicate with me on my personal phone regarding this because he can take my phone away and see what we have written at any time. Unless that is your intention for him to see this.”
The PTC continued working toward transitioning Janice into an ex-officio role to facilitate her retirement. On October 27, 2022, Cary claims that he informed his sisters and Janice’s assistant (excluding Cal) that Janice's doctor supported her retirement plan, noting that it would significantly reduce her stress and potentially slow her cognitive decline.
Alliances Begin to Shift
Documents state that on November 20, 2022, during a game, Cal and his wife allegedly approached Janice’s assistant regarding the possibility of their mother gifting them the Texans. The assistant responded that neither Janice nor Robert wished to give away “the largest valued item in the family trust” to one child. Cal then reportedly questioned why Janice couldn’t simply distribute the rest of the assets to the other children, despite claiming he had “no idea what the value of the team was.”
During his tenure at McNair Interests, Cary claims he prioritized reinvesting profits for the benefit of future generations, following the precedent set by his father. Between 1994 and 2024, Cary claims that McNair Interests and its predecessor, Palmetto Partners, authorized only two distributions, both aimed at supporting other family ventures during times of low liquidity, rather than providing cash for personal use.
In January 2023, Ruth and Cal urged McNair Interests to adopt a “mandatory distribution policy” to benefit the four family lines, claiming it aligned with the vision of Robert and Janice. Cary claims he countered that this approach contradicted their parents' vision, asserting that the company needed to grow its asset base before responsibly making distributions.
Cary alleges that at the end of January 2023, Cal persuaded Janice to sign documents that effectively gifted hundreds of millions of dollars in liquid assets to her children. The night before her surgery on January 26, Ed Deery reportedly met with Janice regarding this distribution.
Four days later, Janice’s assistant reported that she experienced a brief period of non-responsiveness while sitting in a wheelchair after physical therapy. Court documents say this marked at least the second instance of non-responsiveness in five months.
By mid-February, the PTC Board learned that Janice had purportedly amended her estate plan to include a substantial gift of marketable securities and liquid assets—valued at $300 million—to her children. These assets were originally designated for the Robert and Janice McNair Foundation. The Board expressed serious concerns about the tax implications of these changes, noting they conflicted with Robert McNair’s lifetime strategies and Janice’s previous estate planning approach. This was recorded in the minutes of the Board meeting on February 21, 2023.
Cary contends that this development forged a new alliance among Cal, Ruth, and Melissa, as it provided them a clear path to accessing liquid assets. He claims he stood alone in opposing the gift, arguing it was inconsistent with Robert and Janice’s legacy.
In the spring of 2023, the PTC Board reportedly consisted of three independent directors, Janice, and her four children. This structure meant that Cal, Ruth, and Melissa could not act without the consent of the independent directors and Cary. During this time, Cary claims that his siblings began plotting to replace him and the independent directors with individuals loyal to Cal.
Janice's health reportedly continued to decline, and she allegedly exhibited signs of diminished capacity. On April 15, 2023, her assistant reportedly noted another non-responsive episode, prompting an ambulance trip to the ER for a possible stroke. Two weeks later, Janice's assistant noted that she could not recall a visit to the Texans stadium for a photo opportunity prior to the NFL Draft. Shortly thereafter, the assistant purportedly acknowledged that Janice "can't read."
In April 2023, during a visit, Cal allegedly expressed concern to Janice about Cary's "mind and memory." The assistant reportedly conveyed this information to Cary and claimed that Cal had "lied to [Janice] a number of times" and was purportedly attempting to "discredit" Cary.
On May 4, 2023, according to court documents, the PTC Board held a meeting where legal counsel reportedly indicated they were nearing completion of negotiations for Janice's retirement transition, with only one minor issue remaining. The counsel also mentioned withholding payment for Ed Deery's legal fees, despite Cal recommending full payment for his firm's outstanding invoices. Throughout May 2023, Mr. Deery reportedly continued to invoice Janice for work related to the transition agreement despite having been terminated by the Board.
Meanwhile, Ruth, Cal, and Melissa continued to assure the PTC that they were committed to the proposed transition plan. Cal even convinced Janice’s accountant to suspend his obligations related to the ranch transaction, claiming he had signed an agreement to unwind it.
On October 18, 2023, Ed Deery's partner reportedly billed Janice for work related to the transition agreement, specifically for obtaining signatures from three of the four siblings. On the same day, Deery met with Janice to discuss governance documents that would enable Cal, Melissa, and Ruth to replace the PTC Board and exclude Cary from the family governance structure. Meanwhile, Janice’s assistant reported that Janice had been experiencing extreme confusion for several days. She texted Cary, Melissa, and Ruth: “[Janice] is extremely confused today. She was confused yesterday and a bit disoriented... I have spoken with Dr. Pool, who recommended I consult her seizure specialist. If this does not relieve her confusion, we may need to take her to the emergency room.”
Cary claims that Janice’s daughters held her personal assistant in high regard. On August 21, 2023, Ruth expressed her gratitude, reportedly stating, “I don’t know how we can ever repay you for your faithfulness and loyalty towards my mother.”
Cary Takes Court Action
On November 30, 2023, Cary filed an application for guardianship, initially seeking to be appointed as Janice’s guardian before amending it to request an independent third-party guardian.
Cary claims that the guardianship proceedings complicated his siblings' plans to overthrow the PTC Board. He noted that their strategy involved significant changes to the family’s organizational structure that would require prior approval from the NFL. This included transferring Janice's membership interest in the Palmetto Protector to Cal, Ruth, and Melissa—an action that reportedly raised serious questions about Janice's capacity to make such a transfer.
The PTC, at the urging of its independent directors, opposed the guardianship proceedings, believing they drew unnecessary public attention to the McNair family's affairs. They reportedly remained hopeful for a negotiated resolution that would protect Robert and Janice's legacy. On February 26, 2024, Cary dismissed his guardianship application without prejudice.
According to court documents, two days later, Ed Deery’s partner notarized Janice’s purported revocation of her previous powers of attorney. In the following days, Cary's siblings executed documents transferring control of the family structure to themselves. First, Janice purportedly assigned her membership interest in the Palmetto Protector to Cal, Ruth, and Melissa. Next, they removed Janice as trustee of the Palmetto Trust and appointed themselves as co-trustees.
The Siblings Oust Cary
On March 7, 2024, acting as co-trustees of the Palmetto Trust, Cary's siblings fired PTC's three longtime independent directors, as well as the president, compliance officer, in-house counsel, and Cary himself. According to Cary, they then installed two loyalists as the new "independent" directors on the PTC Board.
The newly reconstituted Board sent armed guards to McNair Interests to enforce these changes, resulting in the termination of Cary, the CEO, general counsel, president, and several others.
Through court records filed in Harris County, Cal and his sisters claim the change in leadership was due to the increasingly lucrative compensation Cary had taken for himself and key executives; poor performance of McNair Interests’ Investments; and misuse of McNair Interests’ trust assets and information. (Read more here).
Cary alleges that Ruth and Melissa abused their positions as co-trustees and board members to secure lucrative roles at McNair Interests, despite lacking relevant qualifications for high-level positions at an investment company managing over a billion dollars. He claims they are each paying themselves millions annually as executives. Prior to this upheaval, no executive at McNair Interests earned a base salary exceeding $1.5 million per year—a figure reportedly determined with guidance from an independent compensation firm. Additionally, Melissa secured a $3.7 million loan from Janice on May 14, 2024, with Ed Deery listed as trustee.
After acquiring Janice's membership in the Palmetto Protector and appointing themselves as co-trustees of the Palmetto Trust, Cal, Ruth, and Melissa voted to amend the Operating Agreements for both PTC and Palmetto Protector. These amendments stipulate that Cal can only be removed as PTC’s Texans Representative for "Cause," which is narrowly defined to include embezzlement or felony convictions involving moral turpitude. This protection expires once Cal is no longer the Texans Representative.
What Happens Next
Cary contends that mismanagement of the Palmetto Trust Company is diverting funds that could have been reinvested for future beneficiaries. The PTC has reportedly divested from critical investments in sectors like healthcare, jeopardizing future returns for beneficiaries. Furthermore, the PTC is purportedly incurring significant costs due to management changes as the new counsel noted that “the level of work at the PTC has increased dramatically,” leading to heightened expenses associated with recruiting new board members and general counsel.
The alleged actions raise critical questions about corporate governance, family asset protection, and the potential vulnerabilities of elderly family members with significant financial interests. Cary contends that the restructuring has already begun to impact the long-term financial strategies established by his parents, Robert and Janice McNair.
According to the legal filing, the financial implications are substantial. The Palmetto Trust Company has reportedly seen a dramatic increase in professional service expenses, with costs escalating from a historical $1 million annually to $5 million just in the first half of 2024. Cary alleges that this represents a significant deviation from the trust's established financial management principles.
There will likely be significant tax implications from the unplanned sale of the River Ranch and the $300 million distribution to the siblings. This will add to the professional service expenses for the estate.
The dispute extends beyond financial concerns, touching on deeper issues of family dynamics, trust, and the protection of vulnerable family members. Court documents suggest ongoing tensions about Janice McNair's cognitive capacity and the decision-making processes surrounding her significant assets, including the Houston Texans franchise. Cal McNair was named the Texans Representative, succeeding Janice, in March.
As of February 26, 2024, Cary voluntarily dismissed his guardianship application without prejudice, leaving the full resolution of these complex allegations uncertain. Cases remain open in Harris County Probate Court and in Nevada while some cases have been abated in Harris County District Court. The legal battle continues to unfold, with potential long-term consequences for the McNair family's governance and asset management.
Janice McNair is scheduled to receive the Lifetime Achievement Award at the 2025 Houston Sports Awards in January.
It is crucial to emphasize that these are allegations presented in court documents, representing primarily Cary McNair's perspective. The full legal proceedings remain ongoing, and the ultimate resolution of these disputes has yet to be determined by the court system. The vast majority of the information in this article was generated from a filing in a Nevada Court and do not reflect the writer’s opinions.