McNair v. NFL: The NFL’s Unwritten Rulebook Faces Court Review

In a rare dispute reaching beyond the playing field, Cary McNair Jr., son of late Houston Texans owner Bob McNair Sr. and brother of current owner Cal McNair, has filed a lawsuit against the NFL in New York Supreme Court seeking over $100 million in damages.[1]

The complaint alleges that the NFL and Cal McNair conspired to remove Cary from his positions as CEO of McNair Interests and board member of the trust that controls the Texans.[2] Cary claims that he was ousted because he raised concerns about how the team and league handled two scandals[3]: the Deshaun Watson sexual misconduct allegations, and the controversy surrounding Texans minority owner, Javier Loya, who was charged with first-degree sexual abuse and eventually accepted a plea agreement.[4]

Cary first sought mediation of the issue with Commissioner Goodell in September, but that request went unaccepted, causing Cary to file this suit for tortious interference with business relations.[5] Under New York law, a claim for tortious interference with business relations requires (1) “the existence of a valid contract between the plaintiff and a third party,” (2) the “defendant’s knowledge of that contract,” (3) the “defendant’s intentional procurement of the third-party’s breach of the contract without justification,” (4) “actual breach of the contract,” and (5) “damages resulting therefrom.” Lama Holding Co. v. Smith Barney Inc., 88 N.Y. 2d 413, 424 (N.Y. 1996). 

Ultimately, Cary alleges that the NFL used the influence inherent in its internal governance power to pressure Cal McNair and other family trustees to strip him of his executive authority.[6] As a result, Cary claims that he has suffered financial and reputational losses exceeding $100 million.[7]

What makes this case particularly unique for the NFL is the legal framework upon which it relies. League-versus-owner disputes are not governed by the NFL’s Collective Bargaining Agreement. Rather, they are governed by the NFL Constitution and Bylaws: a set of rules that grant the Commissioner broad arbitration powers and the discretion to punish actions that are “detrimental to the welfare of the league.”[8] In the player context, the Commissioner’s discretion here is limited by what has been collectively bargained and memorialized in the CBA, including requirements for notice and a right to appeal.[9] Owners, on the other hand, are without such procedural safeguards: their relationship with the league is largely grounded in the expectation of loyalty and influenced by the political dynamics among the league owners.[10]

If McNair v. NFL proceeds, the discovery process could prove pivotal. Any evidence showing how the league communicates about ownership decisions or internal disputes would confirm what has long been assumed: that the Commissioner wields quiet influence far beyond what the public sees. The confirmation of that influence may reshape how current and future owners think about the league’s political dynamic. 

This case signals a shift in what owners might be willing to challenge. For decades, the NFL’s internal politics operated on influence and loyalty, not the law. McNair’s complaint breaks that unspoken rule. 


[1] Ben Horney, NFL Sued for $100M Over Efforts to ‘Silence’ Brother of Texans Owner, Front Office Sports (Sep. 29, 2025).

[2] Id.

[3] Id.

[4] Tyler Greenawalt, Texans minority owner faces rape and sexual abuse charges in Kentucky, Yahoo! Sports (Aug. 7, 2023).

[5] Mike Florio, Ousted Texans heir Cary McNair sues NFL for tortious interference, Pro Football Talk (Sep. 27, 2025). 

[6] Ben Horney, NFL Sued for $100M Over Efforts to ‘Silence’ Brother of Texans Owner, Front Office Sports (Sep. 29, 2025).

[7] Id.

[8] NFL Const. & Bylaws, Art. VIII, § 8.13(A) (2023).

[9] Jeremy Cole, Dropping the Ball: How the Commissioner’s Exercise of His “Best Interest” Authority is Failing the NFL and What Can Be Done About It, 17 Tex. Rev. Ent. & Sports L. 43 (Fall 2015). 

[10] Id.

+ posts

Leave a Reply

Powered by WordPress.com.

Up ↑

Discover more from

Subscribe now to keep reading and get access to the full archive.

Continue reading