REGR: indexing with list subclass
- [x] closes #42461
- [x] closes #42433
- [x] tests added / passed
- [x] Ensure all linting tests pass, see [here](https://pandas.pydata.org/pandas-docs/dev/development/contributing.html#code-standards) for how to run them
- [x] whatsnew entry

@meeseeksdev backport 1.3.x Something went wrong ... Please have  a look at my logs.